Kretzer v. Gross
Indiana Supreme Court
From Marion Probate Court (827); Mahlon E. Bash, Judge. Action by Frank Kretzer and others against Edwin R. Gross, administrator, and others. From a judgment for the defendants, the plaintiffs appeal. (Transferred from the Appellate Court for want of jurisdiction, under §1429 Burns 1914, Acts 1907 p. 29.)
1Opinion of the CourtEwbank, J.
A complaint-to contest the will of Herman Didlein was filed on April 3, 1914, alleging that his will was admitted to probate on September 20, *4561910, that one of his daughters died thereafter, on April 13,1913, and that among’ her children who survived her were the appellants, who then ,and continuously until the time of beginning‘this action were infants within the age of twenty-one years.
A demurrer was filed to this complaint on the ground that it does not state facts sufficient to constitute a cause of action, for the alleged reason that the suit was not brought within three years after…
2Cases cited3 opinions
- Walker v. HillIndiana Supreme Court · 1887
- Kistler v. HerethIndiana Supreme Court · 1881
- Terre Haute, Indianapolis & Eastern Traction Co. v. ReevesIndiana Court of Appeals · 1915
3Cited by1 opinion
- Massachusetts Bonding & Insurance v. State ex rel. GaryIndiana Supreme Court · 1921