Glass

On June 14, 1968, a plane crash resulted in the death of one Milton Kenneth Glass, the father of minors Craig Glass, Shelly Glass, Keith Glass, Drew Glass and Alan Glass and the husband of Sally Elizabeth Glass, plaintiffs and appellants herein. Defendant administratrix’s decedent, Alan B. Benkert, pilot of the plane, was killed in the same accident. His wife, Glenda Benkert, became the administratrix of his estate and caused notice to creditors to be published on four successive Fridays: August 30, 1968, September 6, 1968, September 13, 1968, and September 20, 1968. On September 20, 1968, an affidavit of due publication was filed.

On March 18, 1969, more than six months after the first date of publication, a creditor’s claim was filed against the estate of Alan B. Benkert by plaintiffs.

On June 13, 1969, a complaint was filed by plaintiffs against the estate. A demurrer thereto was filed by the administratrix on the basis that plaintiffs’ claim had been filed untimely. The demurrer was sustained by the court, and plaintiffs filed a first amended complaint. The demurrer was sustained, the trial court stating that “the filing of the affidavit of publication, even if…