Legal Opinion
Estate of Dellinger v. 1st Source Bank
Indiana Supreme Court
Decided August 26, 2003No. 71S05-0305-CV-208PublishedCited by 4 opinions
1Opinion of the Court
ON PETITION FOR TRANSFER
BOEHM, Justice.
We hold that a single signature of each of two witnesses in the presence of each other and of the testator may serve to witness a will and also to self-prove it. That is what occurred here. Accordingly, we affirm the trial court's holding that the will in this case was properly admitted to probate. '
Factual and Procedural Background
On May 18, 1999, Samuel Dellinger, Sr., met with his attorney, John Smarrella, in St. Joseph Catholic Hospital where Del-linger was a patient. Dellinger directed preparation of a new will that would disinherit Dellinger's…
2Cases cited4 opinions
- Commissioner, Indiana Department of Environmental Management v. RLG, Inc.Indiana Supreme Court · 2001
- Barricklow v. StewartIndiana Supreme Court · 1904
- Potts v. FeltonIndiana Supreme Court · 1880
- Modlin v. RiggleIndiana Court of Appeals · 1980
3Cited by4 opinions
- Scribner v. GibbsIndiana Court of Appeals · 2011
- Wyrick v. GentryIndiana Court of Appeals · 2003
- In Re Last Will & Testament of StonecipherIndiana Court of Appeals · 2006
- Graninger v. National City BankIndiana Court of Appeals · 2006