Cole v. Estate of Armstrong

FLANIGAN, Judge.

The executor of the estate of Ruth E. Long, deceased, (“Ruth”), filed a claim against the estate of Ralph J. Armstrong, deceased, (“Ralph”), in the Probate Division of the Circuit Court of Barry County. A request for jury trial was sustained and the cause was transferred to Division 1 of the Circuit Court. Ralph’s executrix filed a motion to dismiss which the trial court sustained. No evidence was introduced at the hearing on the motion. Ruth’s executor appeals.

Ruth and Ralph were formerly husband and wife. A child, Margaret Armstrong, was bom to the marriage on June 10, 1928.…