Legal Opinion

Canaday v. Yager

Indiana Court of Appeals

Decided October 11, 1904No. 5,176PublishedCited by 3 opinions

From Sullivan Circuit Court; O. B. Harris, Judge. Proceedings by Enoch J. Yager, executor of the will of Mary E. S. Canaday, deceased, against Henry D. Canaday and others for the sale of real estate. From a judgment against Canaday, he appeals.

1Opinion of the CourtRoby, J.

Mary E. S. Canaday died testate. Appellee Yager is executor of her will. She left surviving a number of children, of whom Sherman Sinclair was one. By her will she directed the sale of her property, real and personal, and the division of the proceeds, after certain payments, among her children. Henry D. Canaday was her husband, from whom she was separated, an arrangement having been made at the time of the separation which the children and the executor assert, and the court found, to be in satisfaction of his right to any part of her estate. The executor filed his petition for the sale of…

2Cases cited4 opinions

  1. Michigan Mutual Life Insurance v. FrankelIndiana Supreme Court · 1898
  2. Abshire v. WilliamsonIndiana Supreme Court · 1898
  3. Vordermark v. WilkinsonIndiana Supreme Court · 1895
  4. Jones v. HendersonIndiana Supreme Court · 1898

3Cited by3 opinions

  1. Security Trust Co., Exr. v. JaquaIndiana Supreme Court · 1925
  2. Hathcock v. MacKubinCourt of Appeals of Maryland · 1934
  3. Swing v. HillIndiana Court of Appeals · 1909

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