State Ex Rel. Schumacher v. Adams Circuit Court
Indiana Supreme Court
1Opinion of the CourtGilkison, J.
The will of Anthony J. Schumacher was duly probated in respondent court, and relator was regularly appointed executor and qualified as such. Thereafter, one Lillian May Schumacher filed hér verified petition and later her verified amended petition to be declared the common law- wife of the testator. This petition and amended petition makes no parties defendant whatever, and it is therefore questionable whether any action thereon by the trial court would be binding upon any one. 26 C. J. S. § 80 Descent and Distribution p. 1125. It is the duty of the trial court to s'ee that all proper parties…
2Cases cited10 opinions
- Ruch v. BieryIndiana Supreme Court · 1887
- Packer v. OvertonSupreme Court of Iowa · 1925
- Rottger, Rec. v. First-Merchants Natl. BankIndiana Court of Appeals · 1933
- Johnston v. StateIndiana Supreme Court · 1937
- In Re Bernheim's EstateMontana Supreme Court · 1928
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Estate of Nye v. First National BankIndiana Court of Appeals · 1973
- Diaz v. DuncanIndiana Court of Appeals · 1980
- In the Matter of Estate of KingseedIndiana Court of Appeals · 1980
- Anderson v. AndersonIndiana Supreme Court · 1956
- Dent v. DentIndiana Supreme Court · 1961
18 more not listed; retrieve them via the Exa API.