KERNS, P. J.
This is an appeal on questions of law from a judgment of the Court of Common Pleas of Montgomery County sustaining the defendant's motion for a summary judgment.
The plaintiff's petition, which was filed on March 19, 1962, is brief and reads as follows:
"The plaintiff says that the defendant is the duly appointed, qualified and acting executor of the estate of Walton M. Riffe;
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