Splichal v. Dumback

The opinion of the court was delivered by

Thiele, J.:

The question in this appeal, as presented in the appellant’s brief, is whether a creditor of a deceased debtor made a timely application in the probate court for the appointment of an administrator in order that he might establish his claim against the decedent’s estate. The question arose out of the following circumstances.

Frank Dumback, a resident of Republic county, died intestate on February 8, 1940. No proceedings for administration of his estate were instituted until February 1, 1941, when William F. Splichal filed his petition in the…