Mitchell v. Van Pelt

SEYMOUR, Justice.

This appeal is from the denial of creditor’s claim against the Administrator of the Estate of Floyd Akins, deceased. The relevant facts are: Administrator was appointed February 27, 1950 and published notice to creditors March 8, 15, 22 and 29, 1950; proof of publication of this notice was not filed by administrator until January 7, 1952. The creditor’s proof of claim, however, was filed in the estate proceedings April 29, 1950; the administrator did not approve this claim and, on August 3, 1951, filed final report, reciting the filing of claim and the fact that no notice had…