Esterly v. McGaughey

PREWITT, Chief Judge.

The personal representative of the estate of Edith K. Wirth, deceased, filed a “Petition For Discovery of Assets”, claiming that Otis McGaughey was in possession of certain property belonging to Mrs. Wirth’s estate. By answer McGaughey denied the allegations. Following nonjury hearing, the court found in favor of the personal representative for the recovery of a clothes washer-dryer combination, and certain items of jewelry. Otis McGaughey appeals, claiming the trial court erred in two respects.

Decedent and Otis McGaughey were living together at the time of decedent’s…