Colteaux v. First Trust & Savings Bank

MORI ARTY, C.

This is an action in which John Colteaux, as administrator, seeks to have a claim against the First Trust & Savings Bank, of Mitchell, adjudged to be a preferred claim, and ordered paid as such. From a judgment granting* the relief prayed for, and from an order denying a new trial, this appeal is taken.

The facts disclosed by the record are as follows:

One Eleazer Kelley died testate in Davison county' on November 27, 1922. In his will Kelley named the First Trust & Savings Bank as executor. Pursuant to regular proceedings in the county court of Davison county, the bank was…