Anderson v. Moser

I agree with both the result reached by the majority and the reasoning in support thereof. I would go further, however, and hold that plaintiff is not entitled to recover because his suit was not “brought within two (2) years after such final settlement.”

As shown by the opinion, the final settlement of the estate of Margaret Schwartzel was made in the Floyd County Circuit Court of Indiana on May 22, 1935. Plaintiff admittedly was obliged to bring a suit within two years of that date. As shown by the opinion, the original suit was filed February 13, 1937, and an amended com;' ;nt ■October 18,…