Waltmire v. Badger

The opinion of the court was delivered by

Smith, J.:

This was a petition for allowance and classification of demand originally filed in the probate court. Judgment in the ■ probate court and on appeal to the district court was for the petitioner. The defendant appeals.

It will be noted from the title of the case that the action is by the executor of one will against the executrix of another. The petition alleged that on January. 17, 1933, one Badger gave his note for $600 to Mary Jane Waltmire, who was deceased at the time the *736petition was filed—hence, the petition was filed by the executor of…