Gilkes v. Beezer

This is an appeal from a summary judgment dismissing an action to recover judgment on a creditor’s claim rejected by the respondent as administrator de bonis non of the estate of John Stanley Koski, deceased. Plaintiff creditor appeals.

The facts are not disputed. On December 10, 1964, Joel A. C. Rindal was appointed administrator cum testamento annexo of a purported last will and testament executed by the decedent on May 10, 1958, and codicil thereto executed June 15, 1963. A later will having been discovered, it was admitted to probate on February 16, 1967, and Mr. Rindal was appointed and…