Rowray v. McCarthy

Riner, Justice.

This cause is before the court upon the motion of the defendant in error to dismiss. The facts to be considered in disposing of the motion are briefly these:

The district court of Natrona County, on April 19, 1933, entered a judgment in favor of the defendant in an action wherein D. L. Shipp was plaintiff and Eugene McCarthy was defendant. The plaintiff died testate on March 21, 1934. On June 25, 1934, Oline Rowray was appointed executrix under plaintiff’s will and letters testamentary were issued to her on that day. Subsequently, and on August 2, 1934, the executrix suggested…