Huang

Appellant as plaintiff in the district court on the basis of diversity of citizenship brought suit against the parties as named above. Calvin J. I. Young was also joined in his individual capacity. Other defendants were the decedent’s wife, Claire C. Young and an adult son, Marvin J. G. Young.

Claims in the complaint were commingled together without separate statement. At the root of the controversy was the sum of $12,000 alleged to have been loaned by the plaintiff to Lun Cho Young in his lifetime and not repaid. The complaint on its face showed the regular form of creditor’s claim in probate was filed with the administrator after the legal time for presentation had elapsed. In due course, the claim was rejected by the administrator. Plaintiff alleged certain facts intended to excuse the lack of timely filing. She prayed for judgment against the administrator and against the son, Calvin (the same person as the administrator) and against Mrs. Claire C. Young (the widow) and the aforementioned Marvin J. G. Young “of their respective interests, as heirs of the estate of Lun Cho Young Deceased” (sic). Curiously, no judgment was expressly sought against “the interest” of the minors…