Harold L. Warner v. First National Bank of Minneapolis

VAN OOSTERHOUT, Circuit Judge.

This is an appeal from a summary judgment dismissing plaintiff’s petition upon the ground that plaintiff’s cause of action was barred by the statute of limitations. This action was commenced on February 15, 1954, and is a class suit for the benefit of parties interested in the estate of Ellsworth C. Warner, hereinafter called decedent, who died testate, a resident of Florida, on January 5,1942. Decedent’s will was admitted to probate by the Florida court on January 9, 1942, and two Florida banks nominated as executors were appointed executors and served in that…