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Legal Opinion

Matter of Estate of Kirkendall

Indiana Court of Appeals

Decided November 17, 1994No. 34A02-9312-CV-662PublishedCited by 8 opinions

1Opinion of the Court

KIRSCH, Judge.

Danny Kirkendall (Danny) appeals from a trial court order constraing his mother's will as leaving her entire estate to the Indiana Department of Natural Resources (DNR). We affirm.

ISSUES

We restate the issues for our review as:

1. Whether a failed residuary devise to Howard County should pass to the DNR as an alternate residuary devisee.

2. Whether a residuary devise to the DNR was dependent upon the validity of a realty devise to DNR. -

FACTS

Retha Kirkendall (Retha) executed her last will and testament on July 30, 1976. In her will, Retha devised a specific tract of Howard County…

2Cases cited18 opinions

  1. Krueger v. BaileyIndiana Court of Appeals · 1980
  2. Hutchinson's Estate v. Arnt, Admx.Indiana Supreme Court · 1936
  3. Kilgore v. KilgoreIndiana Supreme Court · 1890
  4. Matter of Estate of WaltersIndiana Court of Appeals · 1988
  5. Burke v. WilfongIndiana Court of Appeals · 1994

13 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. In Re Estate of McFarlandTennessee Supreme Court · 2005
  2. Ramirez v. American Family Mutual Insurance Co.Indiana Court of Appeals · 1995
  3. Gladden v. Supervised Estate of JollyIndiana Court of Appeals · 1995
  4. In Re Estate of CashenIndiana Court of Appeals · 1999
  5. Isanogel Center, Inc. v. Father Flanagan's Boy's Home Inc.Indiana Court of Appeals · 2005

3 more not listed; retrieve them via the Exa API.

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