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CALLAGHAN v. COBERLY

No. 95-5227.

927 F.Supp. 332 (1996)

Julie CALLAGHAN, as Executrix of the Estate of Elfrieda Lowry v. Martin Dane COBERLY, as Executor of the Estate of Martha Coberly.

United States District Court, W.D. Arkansas.

May 29, 1996.

Attorney(s) appearing for the Case

Jason Lee Watson, Odom, Elliott, Winbrun & Watson, Fayetteville, AR, for Plaintiff.

Thomas B. Pryor, Pryor, Barry, Smith, Karber & Alford, Fort Smith, AR, for Defendant.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

This is an action for wrongful death brought against the personal representative of the estate of Martha Coberly to recover insurance proceeds from a policy held by the estate. This action would be time-barred by the probate code's statute of nonclaim, Ark. Code Ann. § 28-50-101(a) (Michie Supp. 1995), were it not for the fact that tort claims that can recovered entirely from insurance proceeds...

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