New England Merchants National Bank v. McKinnon

POMEROY, Justice.

This appeal raises a knotty issue as to the sufficiency of a proof of claim against a decedent’s estate filed in the Probate Court pursuant to 18 M.R.S.A. 2402.

Plaintiff, after having seasonably filed the proof, and after the Executrix had declined to honor it, filed a complaint in the Superior Court. A motion to dismiss the action was thereafter filed by the defendant. This motion was premised on the assertion that the proof of claim filed in the Probate Court was insufficient as a matter of law, both as to form and as to content.1

A Justice of the Superior Court, after…