In re the Estate of Tutty

Decree unanimously reversed, without costs, and petition dismissed. Memorandum: On December 26, 1966, Marie G. Tutty acquired the Kirby Office Equipment Company from Carl Kirby. She filed an assumed name certificate three days later renaming the business “Marie’s Gifts, Stationery and Office Supplies ”. She died intestate on May 8, 1968 leaving her husband, John R. Tutty (Tutty), as her sole distributee. He became administrator of his wife’s estate and in an affidavit he submitted in connection with waiving the need for a bond he included as an asset of the estate the business acquired from…