Ditto v. Martin

MILLER, Judge.

Appellant Max L. Ditto, executor of the estate of Mary Runyan, appeals his removal—without hearing or notice of charges— as executor of Mary Runyan’s estate by the Clinton Circuit Court. The issue here is:

Whether Ditto’s removal as executor without either notice of charges against him or a hearing was contrary to law because no emergency, as required by Ind.Code 29-1-10-6, existed.

We reverse.

FACTS

The facts most favorable to the judgment are as follows:

Mary Runyan died on December 27, 1986, leaving an estate of just under $1,000,000. On December 29, 1986, Max Ditto (Ditto),…