Brown v. Gardner
Indiana Court of Appeals
1Opinion of the CourtGarrard, J.
On June 28, 1971, the purported Last Will and Testament of Hazel Hess was admitted to probate. Nearly fifteen months later, on September 15, 1972, this action was instituted by appellant to contest the will. The complaint alleged that the testatrix was of unsound mind, that execution of the will was procured by undue influence, that the will was unduly executed, and that the execution was procured by fraud.
The defendants filed a motion to dismiss pursuant to Ind. Rules of Procedure, Trial Rule 12(B) (6), IC 1971, 34-5-1-1 asserting that the action was barred by the statute of limitations. The…
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