Eikman v. Landwehr
Indiana Court of Appeals
From Hancock Circuit Court; Edward W. Felt, Special Judge. Action by Mary C. Landwehr against Edward C. Eikman, as executor of the will of Christina M. Geisel, deceased. From a judgment for plaintiff, defendant appeals.
1Dissent
*731Dissenting Opinion.
Babb, J.
The appellee filed a claim in the court below against the estate of Christina Geisel, seeking to recover a personal judgment against the estate of the decedent on a liability incurred by the decedent in accepting the provisions made in her behalf by the will of her deceased husband, and taking possession of the property therein devised to her. It is in no sense an action to enforce a trust in the property the decedent received under her husband’s will, but purely an action at law seeking a personal judgment against her estate.
The question to be decided is, Does the…
2Cases cited14 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Willard v. WoodSupreme Court of the United States · 1896
- Loder v. . HatfieldNew York Court of Appeals · 1877
- Millington v. Hill, Fontaine & Co.Supreme Court of Arkansas · 1886
- Porter v. JacksonIndiana Supreme Court · 1884
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