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COLEMAN v. DURDEN

338 A.2d 570 (1975)

W. COLEMAN, Defendant below, Appellant, v. Ernest DURDEN, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided May 16, 1975.

Attorney(s) appearing for the Case

Morton Richard Kimmel of Kimmel, Spiller & Bradley, Wilmington, for defendant below, appellant.

Frank J. Gentile, Jr., Wilmington, for plaintiff below, appellee.

Before HERRMANN, C. J., and DUFFY and McNEILLY, JJ.

PER CURIAM:

Defendant died after a judgment had been entered against him in the Superior Court and a personal representative was not appointed for his estate within the thirty-day appeal period provided by statute. 10 Del.C. § 147. After defendant died and within the appeal period, counsel who had represented the decedent filed a notice of appeal in this Court.

Relying on In re Cahoon's Will, Del. Super., 7 Terry 259, 82 A.2d 920

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