In re Herman

Decree affirmed, with costs. Memorandum: The appellant’s contention that he is a creditor of the estate of the deceased rests solely upon a judgment which was entered after the death of the decedent. The testator died on August 30, 1935, and the judgment was entered on January 3, 1936. The appellant claims that he had the right to enter such judgment because the defendant was in default two days before the time of his death. On September 22, 1936, the judgment was amended nunc pro tunc so as to show that the defendant died on August 30, 1935. However, the proof of the default required by…