Alexander v. Highfill

In March, 1941, plaintiff instituted this action against J. A. Ferguson, claiming a debt due on a contract. Summons and complaint were served on defendant, November 6, 1941. Mr. Ferguson died, December 4th of that year. His will was admitted to probate and Hattie Templeton Highfill appointed executrix, December 12, 1941. She qualified as such and notice to creditors was duly published, commencing December 18, 1941. Within ninety days after the first publication of notice to creditors, plaintiff presented a motion to have the executrix of the John A. Ferguson estate substituted as defendant in…