Damon v. Relihan

The opinion of the court was delivered by

Robb, J.:

Defendant, decedent’s mother and one of her heirs at law, appeals from the judgment of the trial court remanding an *164appeal to that court back to the probate court with directions to appoint an administrator for decedent’s estate.

On March 28, 1959, John W. Damon, appellee here, filed in the probate court of Smith county a petition of creditor for administration of decedent’s estate wherein it was shown a collision occurred on May 9, 1958, between a vehicle driven by Damon and one driven by decedent; that decedent’s negligence was the direct and…