In Re Estate of Joe Welch

Dortha Welch was appointed administratrix of the estate of Joe Welch on March 25, 1968, by order of the District Court of Roosevelt County, New Mexico. Notice of the appointment was first published in the Portales News Tribune on March 28, 1968. Springer Corporation filed a proof of claim against the estate on September 25, 1968. Thereafter, the administratrix and heirs filed motions to dismiss the claim for Springers failure to comply with §§ 31-8-2 and 31-8-3, N.M.S.A., 1953 Comp., in that no notice of hearing was served on the administratrix within six months from the date of the first publication, as provided by those statutes. The trial court granted the motions and dismissed the claim. Thus, this appeal.