Marquam v. Ellis

May Marquam appeals a summary judgment dismissing her creditor's claim. We reverse, holding that notice of the rejection of a claim in probate must be served personally or by certified mail to the claimant.

The pertinent uncontroverted facts may be summarized as follows:

Kenneth Stone died May 10, 1978. On September 29, May Marquam through her attorney served upon the attorney for the administratrix of the decedent's estate a notice of claim to recover $10,800 for services rendered to Mr. Stone as his live-in housekeeper, nurse, and companion. The claim was filed in Superior Court on October 2.…