In Re Estate of Tiernan

This is an appeal by the executor of the estate of Sue Tiernan, deceased, from an order of the district court of Greene county, denying his petition to set aside a prior order allowing a claim in probate. The claim was based upon an alleged $900 promissory note, made by decedent to claimant in 1932. On December 30, 1940, notice was served upon the executor of said estate that said claim had been filed and would be heard on January 13, 1941. The executor was a nonresident of Greene county. His attorney was H. L. Irwin of DeWitt, Iowa. However, the appearance of Mr. Irwin was not shown to have…