JOLER v. DEPOSITORS TRUST COMPANY


309 A.2d 871 (1973)

Jeannette JOLER and Jerome G. Daviau v. DEPOSITORS TRUST COMPANY.

Supreme Judicial Court of Maine.

October 3, 1973.


Attorney(s) appearing for the Case

Daviau, Geller & Daviau, by Jerome G. Daviau, Waterville, for plaintiffs.

Locke, Campbell & Chapman, by Frank G. Chapman, Augusta, for defendant.

Before DUFRESNE, C. J., and WEATHERBEE, WERNICK and ARCHIBALD, JJ.


WERNICK, Justice.

Louis N. Ware of Winslow, Maine died on March 6, 1968. Plaintiff, Jeannette Joler, is a beneficiary under his will. Plaintiff, Jerome G. Daviau, was named in the will as executor and qualified on June 21, 1968.

Not later than April 2, 1968 a proof of claim (dated March 25, 1968) was filed by defendant bank, Depositors Trust Company, in the Kennebec County Registry of Probate against the estate of decedent, Ware. It disclosed a $410.00 indebtedness...

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