Naughton v. Estate of Baker

ON PETITION FOR REHEARING

The appellant in this matter has filed a petition for rehearing claiming our original opinion, 483 P.2d 513, contains two erroneous statements. The first statement said to be incorrect is this:

“But Naughton, the claimant, at no time filed an affidavit.

The second statement said to be incorrect is:

“Naughton filed a claim but did not make an affidavit.”

Strictly speaking, of course, appellant is right because Naughton did file an affidavit in connection with a petition for rehearing or reopening of the Baker estate, on April 6, 1970, which was more than a month after his…