Beckman, SEC. of Bkg. v. Owens, Ex.

Opinion bx

Baldrige, J.,

This action in assumpsit was brought by a creditor of the decedent against the executrix of the will of E. C. Owens, deceased, who had executed a promissory note upon which there was a balance due on January 15,1937, the date of his death, of $1,500.

The summons was issued on January 12, 1938, prior to the probate of the will. On the same day, upon petition presented, the register of wills issued a citation directing Mary H. Owens et al. to show cause why the will of the decedent should not be produced for probate. On January 20, 1938, four days before the citation was…