Estate of Guernsey v. Pennington
Indiana Court of Appeals
From Lake Circuit Court; H. S. Barr, Special Judge. Action by William Pennington on a claim against the estate of Chester Guernsey. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtHenley, C. J.
Appellee has moved to dismiss this appeal, for the reasons that the record fails to show that the *120appeal is prosecuted by any proper person, and that the assignment of errors does not contain the full names of tbe parties. Appellee’s objection is well taken. It is a well-established rule in the courts of appeal in this State that the estate of a dead man can not be a party to an action without some representative. To this effect are the’ following decisions: Estate of Peden v. Noland, 45 Ind. 354; Estate of Wells v. Wells, 71 Ind. 509; Estate of Thomas v. Service, 90 Ind. 128; Dunn v. Estate…
2Cases cited5 opinions
- Whisler v. WhislerIndiana Supreme Court · 1903
- Estate of Wells v. WellsIndiana Supreme Court · 1880
- Estate of Peden v. NolandIndiana Supreme Court · 1873
- Estate of Thomas v. ServiceIndiana Supreme Court · 1883
- Dunn v. Estate of EvansIndiana Court of Appeals · 1902
3Cited by6 opinions
- In re Estate of AckenSupreme Court of Iowa · 1909
- Wilson v. Estate of WL KingsIndiana Court of Appeals · 1960
- Potomac Insurance v. BolesDistrict Court, S.D. Indiana · 1962
- Estate of Gordon v. NicholsonIndiana Court of Appeals · 1961
- State ex rel. Mental Health Commissioner v. Estate of HeitheckerIndiana Court of Appeals · 1975
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