WOLFE v. HERNDON

No. 5-2602.

353 S.W.2d 540 (1962)

McAllen WOLFE et al., Appellants, v. Verna Jacobs HERNDON, Executrix, Appellee.

Supreme Court of Arkansas.

Rehearing Denied March 5, 1962.


Attorney(s) appearing for the Case

Davis & Mills, Springdale, Rex W. Perkins, Fayetteville, for appellants.

J. Wesley Sampier, Rogers, and Crouch, Jones, Blair & Cypert, Springdale, for appellee.


GEORGE ROSE SMITH, Justice.

In 1959 there was a collision between a car owned by T. L. Jacobs and a motorcycle being ridden by McAllen Wolfe, a boy of fifteen. Jacobs died on April 11, 1960, from causes not attributed to the accident. On April 21 the appellee was appointed executrix of his will. Her statutory notice to creditors was first published on April 27. See Ark.Stats.1947, § 62-2111.

On June 2, 1960, the executrix brought this action in the Benton...

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