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NEW ENGLAND MERCHANTS NATIONAL BANK v. McKINNON

307 A.2d 225 (1973)

NEW ENGLAND MERCHANTS NATIONAL BANK v. Eleanor V. McKINNON, Executrix u/w/o Russell A. McKinnon.

Supreme Judicial Court of Maine.

July 13, 1973.

Attorney(s) appearing for the Case

Preti & Flaherty by David M. Cohen, Portland, for plaintiff.

Emmons & Emmons by David W. Emmons, Kennebunk, for defendant.

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

POMEROY, Justice.

This appeal raises a knotty issue as to the sufficiency of a proof of claim against a decedent's estate filed in the Probate Court pursuant to 18 M.R.S.A. 2402.

Plaintiff, after having seasonably filed the proof, and after the Executrix had declined to honor it, filed a complaint in the Superior Court. A motion to dismiss the action was thereafter filed by the defendant. This motion was premised on the assertion that the proof of claim filed...

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