Miller v. Lahr's Estate

Curtis, C. J. —

The record discloses that the decedent, George W. Lahr, died testate in Huntington County, Indiana, on August 3,'1933, and that by the terms of his will the sole beneficiary was Theodore Gephart, who was also named as the executor thereof. The will was admitted to probate on the 17th day of August, 1935. Following the probate of the will, the executor therein named filed his declination to serve and suggested the appointment of the appellee Fults who was thereupon by the clerk in vacation appointed administrator with the will annexed of said estate. Fults qualified by giving

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