Legal Opinion

Brown v. Delaney

Indiana Court of Appeals

Decided December 13, 2005No. 49A05-0501-CV-48PublishedCited by 4 opinions

1Opinion of the Court

OPINION

RILEY, Judge.

STATEMENT OFP THE CASE

Appellant-Trustee, Douglas R. Brown (the Trustee), appeals the trial court's Order granting Appellee-COlaimant's, Geraldine M. Delaney (Geraldine), claim for reimbursement of tax liabilities against the Third Amended Trust of John D. Delaney (Trust).

We reverse.

ISSUES

The Trustee raises two issues on appeal, one of which we find dispositive and which we restate as follows: Whether the probate court erred in denying Trustee's Motion to Dismiss for Failure to State a Claim.

FACTS AND PROCEDURAL HISTORY

John D. Delaney (John) and Geraldine were married on…

2Cases cited4 opinions

  1. Gosnell v. Indiana Soft Water Service, Inc.Indiana Supreme Court · 1987
  2. City of South Bend v. Century Indemnity Co.Indiana Court of Appeals · 2005
  3. Allstate Insurance v. MorrisonIndiana Court of Appeals · 1970
  4. In Re Estate of WhiteheadIndiana Court of Appeals · 1999

3Cited by4 opinions

  1. PRICEWATERHOUSECOOPERS, LLP v. MasseyIndiana Court of Appeals · 2007
  2. Vectren Energy Marketing & Service, Inc. v. Executive Risk Specialty Insurance Co.Indiana Court of Appeals · 2007
  3. Konger v. SchillaceIndiana Court of Appeals · 2007
  4. Illinois Mine Subsidence Insurance Fund v. Union Pacific Railroad CompanyDistrict Court, C.D. Illinois · 2019

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