Affirmed without prejudice to appellant’s right to assert his proprietary interest in the corporate stock which is the subject matter of this action or his right to assert such claims as he may have against the estate herein in the probate court.

(dissenting):

I must disagree with the conclusion of the majority opinion by this Court in this case. There were too many disputed facts to warrant the entry of a summary judgment. I think the defendant-appellant should have been given the chance to explain the circumstances and facts surrounding the whole transaction. Therefore, I’d reverse for a hearing on the merits.