Cavanaugh v. Dore

Opinion by

Mr. Chief Justice Maxey,

Margaret Dore Diggin died on December 17, 1945. Her last will and testament was probated on December 20, 1945, by .Catherine M. Dore solely to. pass title to realty, without request for or grant of letters as there was no personal estate for administration as shown by the probate record. In her will she “constituted and appointed” her sister, Catherine M. Dore, and her nephew, Cornelius A. Kane, as executors.

On December 11, 1946, plaintiff brought suit against the two persons named in the will as executors and directed that they be .summoned as “executors of…