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Marston v. Denton

Supreme Court of Arizona

February 8, 1943

C. P. MARSTON, Appellant,
v.
ROBERT DENTON, Administrator of the Estate of W. A. Young, Deceased, Appellee

APPEAL from a judgment of the Superior Court of the County of Pinal. H. G. Richardson, Judge. Reversed and remanded.

Mr. Burt H. Clingan and Mr. Ross F. Jones, for Appellant and Mr. Leon S. Jacobs, of Counsel.

Mr. Robert Denton, Appellee for Himself.

OPINION

Page 159

[60 Ariz. 179] McALISTER, C.J.

C. P. Marston brought an action against Robert Denton, as administrator of the estate of W. A. Young, deceased, to recover $2370 claimed to be due him upon a promissory note.

The complaint alleges that on January 25, 1935, W. A. Young made a promissory note payable to Helen Eaton Marston, wife of plaintiff, for $7,500, together with a chattel mortgage securing the same, and that he delivered both the note and mortgage to plaintiff and his wife, who that day filed the same in the office of the county recorder of Pinal County, Arizona, where they appear of record in Book 6, page 395, Chattel Mortgages, that plaintiff and wife are the legal owners and holders of said note and mortgage; "that no part of said note has been paid and that there is owing on said note and mortgage the sum of Two Thousand Three Hundred Seventy and no/100 Dollars ($2370.00)"; that on the 28th day of April, 1940, said W. A. Young, then a resident of Pinal County, died intestate and thereafter defendant was appointed administrator of his estate; that he duly qualified and received letters of administration; that he caused notice to creditors to be published requiring all persons having claims against the estate to present them to the administrator within ten months after the first publication of the notice, which was on June 7, 1940; that within this period the plaintiff presented to the defendant his verified claim for allowance, but that said claim, a copy of which was attached to and made a part of the complaint, was, by the defendant, disallowed and rejected on April 8, 1941; that this is the claim upon which this action is founded. [60 Ariz. 180] The prayer was for judgment against defendant as administrator of the estate of W. A. Young, deceased, in the sum of $2370, payable out of the estate in due course of administration.

The following is a copy of the creditor's claim presented to the administrator and by him rejected:

"IN THE SUPERIOR COURT OF PINAL COUNTY, STATE OF ARIZONA

"In the Matter of the Estate of W. A. YOUNG, Deceased.

CREDITOR'S CLAIM.

"The undersigned, Creditor of W. A. Young, deceased, presents claim against the estate of said deceased, with the necessary vouchers for approval, as follows, to-wit:

"Estate of W. A. Young, Deceased.

"To C. P. Marston, Dr.

1941

Jan. 21

Moneys had and received by W. A.

Young from C. P. Marston from

April 3rd, 1934, to January 25th,

1935

$2370.00

"Secured by chattel mortgage filed

January 25, 1935, in Book No. 6 of

Chattel Mortgages, at Page 395, in

the office of the Recorder of Pinal

County, Arizona.


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