Dunn v. Lindsey

CARMODY, Justice.

The district court of Otero County set aside and voided a decree of final settlement and distribution theretofore entered by the probate court of Otero County. The executor and the heirs appeal.

The decedent was killed in an automobile accident, and the appellee Lindsey was a passenger in the car at the time. The decedent’s will was admitted to probate, and shortly after the expiration of six months, appellee Lindsey filed suit in the district court of Sierra County, seeking damages by reason of the accident. Service was had upon the appellant executor, and, through his…