Robert C. Downie, Administrator of the Estate of Eugene G. Smith v. Mrs. Mary Ellen Pritchard, Wife of Charles G. Pritchard

VAN OOSTERHOUT, Circuit Judge.

This is a timely appeal by the defendant administrator from order denying his motion to dismiss complaint upon the ground that plaintiff’s admitted failure to comply with the provisions of the Arkansas non-claim statutes, Ark.Stats. §§ 62-2601 et seq., compels a dismissal of the action. We granted defendant leave to take this appeal from the interlocutory order pursuant to 28 U.S.C.A. § 1292(b).

Defendant’s position in the trial court and here is that the Arkansas non-claim statutes, which set forth the requirements relating to asserting claims against decedents’…