Hiatt v. McColley
Indiana Supreme Court
From Marion Cirenit Court (12,083); Henry Clay Allen, Judge. Action by Sarah I. MeColley and others against James E. Hiatt and others. From a judgment for plaintiffs, defendants appeal.
1Opinion of the CourtMontgomery, J.
Appellees brought this action September 17, 1902, to resist the probate of the will of John W. McLain, deceased, upon the ground that the' sole executor therein named had, as an attorney, prepared and subscribed such will as one of two attesting witnesses, and was in possession of and proposed to probate the same. Appellants’ demurrers to the complaint were overruled, and they answered separately, to the effect, that after the death of the testator the executor named in his will declined to qualify *93as such, and on October 15, 1902, filed in the office of the clerk of the court below a…
2Cases cited21 opinions
- Children's Aid Society v. . LoveridgeNew York Court of Appeals · 1877
- McDonald v. McDonaldIndiana Supreme Court · 1895
- Loder v. . WhelpleyNew York Court of Appeals · 1888
- Coalter's ex'or v. BryanSupreme Court of Virginia · 1844
- In Re the Probate of the Last Will & Testament of WilsonNew York Court of Appeals · 1886
16 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Wiley v. GordonIndiana Supreme Court · 1914
- Estate of Nye v. First National BankIndiana Court of Appeals · 1973
- In Re Mitchell's EstateWashington Supreme Court · 1952
- Barr, Trustee v. Geary, AuditorIndiana Court of Appeals · 1924
- Snyder v. FrankIndiana Court of Appeals · 1913
12 more not listed; retrieve them via the Exa API.