Legal Opinion

Wilson v. Estate of WL Kings

Indiana Court of Appeals

Decided November 15, 1960No. 19,257Published

1Opinion

ON PETITION FOR REHEARING

Myers, J.

Appellant has filed a petition for rehearing in this case, alleging in substance that we have interpreted Supreme Court Rule 2-6 erroneously; that since a claim may be filed in an estate without naming the personal representative, who becomes a party defendant by operation of law, the same rule should apply on appeal; that an estate is a legal entity, a person in contemplation of law, and failure to name the personal representative thereof in the assignment of errors on appeal may be corrected pursuant to the provisions of Rule 2-6; that appellee has waived…

2Cases cited7 opinions

  1. Taggart v. TevannyIndiana Court of Appeals · 1891
  2. Billings v. Tile StateIndiana Supreme Court · 1886
  3. Baugher v. Hall, Receiver, Etc.Indiana Supreme Court · 1958
  4. Otolski v. Estate of NowickiIndiana Court of Appeals · 1959
  5. Jenkins v. SteeleIndiana Court of Appeals · 1913

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