Battleday's Guardianship v. Heistand Heistand

This is an appeal from an interlocutory order requiring the guardian of Ellen Battleday to elect on behalf of his ward that she take under the law of the State of Indiana and not under the will of her deceased husband.

The guardian was appointed for Mrs. Battleday under section 8-301, Burns’ Ann. St. 1933, section 3472, Baldwin’s 1934, Acts 1911, ch. 218, §1, p. 533, which provides for the appointment of a guardian for a person “incapable of managing his estate or business affairs because of old age, infirmity, improvidence, or being a spendthrift.” Section 4 of the act provides that: “The…