Lincoln v. Estate of Smiley

OPINION

NAJAM, Judge

STATEMENT OF THE CASE

Lelia Moore devised a life estate in her home to her sister, Ruby Smiley, with the remainder in fee simple to her great-niece, Janice Lincoln. After Moore’s death the property was sold, and the court entered an Agreed Order incorporating an agreement between the life tenant and the remainder-man to divide the “net estate” between them. When Ruby died unexpectedly during administration, Janice moved to set aside the order pursuant to Indiana Trial Rule 60(B). The trial court denied Janice’s motion. On appeal, Janice contends that she was entitled to have…