Ahearn v. Burk
Indiana Supreme Court
From Cass Circuit Court; John S. Lairy, Judge. Action by Fred G. Burk to set aside the probate of the will of Martha C. Gruber, deceased. Prom a judgment vacating the order of probate, Sarah R. Ahearn appeals.
1Opinion of the CourtMorris, J.
On August 13, 1910, appellee Burk filed in the office of the clerk of the Cass Circuit Court his written, verified objections to the probate of the will of Martha C. Gruber, deceased, pursuant to the provisions of §3153 Burns 1908, §2595 R. S. 1881. In these objections it was stated that decedent, while of unsound mind, in April, 1910, executed a will, the terms and conditions of which were unknown to the affiant, but that he believed that one Sarah Ahearn was named therein as the principal beneficiary, and that affiant and one Glen Sampson were the only heirs of decedent.
No attempt was made,…
2Cases cited2 opinions
- McGeath v. StarrIndiana Supreme Court · 1901
- Fillinger v. ConleyIndiana Supreme Court · 1904
3Cited by2 opinions
- Faylor v. FehlerIndiana Supreme Court · 1914
- Prebster v. HendersonIndiana Supreme Court · 1916