Yingling v. Smith

We have before us an appeal from a grant of the defendant-appellee’s motion for summary judgment in the court below. The narrow legal question presented to us is whether or not a bill of complaint filed September 20, 1968, satisfies the statutory requirement of “filing within six calendar months after” the appointment of an executor on March 19, 1968.

The appellants, plaintiffs below, filed a bill of complaint against the appellee, in his capacity as executor of the estate of John N. Yingling, requesting specific performance of a contract allegedly entered into between John N. Yingling (John)…