Agelasto v. Frank Atkinson Real Estate

In the trial court, Frank Atkinson Real Estate (Atkinson) filed an amended motion for judgment against P. A. Agelasto, Jr., and Justine U. Capps, executors of the estate of Hoyt W. Capps, deceased (the Capps estate), and Barbara Marden Gietz and John Capps, guardians of the estate of Helen Capps Sparrow (the Sparrow guardianship). The motion alleged that either the Capps estate or the Sparrow guardianship was indebted to Atkinson in the sum of $5,000, plus attorney’s fees, interest, and costs, for a real estate commission due pursuant to a contract of sale signed *61by Hoyt W. Capps as…