DYE v. MARKEY

No. 52301.

147 N.W.2d 42 (1966)

Violet DYE, Appellee, v. Jean Alice Ann MARKEY, Administratrix of the Estate of James E. Shearer, Deceased, Appellant.

Supreme Court of Iowa.

December 13, 1966.


Attorney(s) appearing for the Case

Brierly, McCall & Girdner, Newton, for appellant.

Tom Hyland, Des Moines, for appellee.


STUART, Justice.

The sole question before us here is whether plaintiff's cause of action against decedent's estate is barred by the statute of limitations because she failed to file a duplicate proof of service of the original notice of the separate action in the estate within the six months period for filing claims as provided in Sections 410 and 415, Iowa Probate Code. The trial court held the statute was directory only

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