Legal Opinion

Estate of Dellinger v. 1st Source Bank

Indiana Court of Appeals

Decided July 30, 2002No. 71A05-0111-CV-506PublishedCited by 3 opinions

1Opinion of the Court

OPINION

ROBB, Judge.

Robin Sue Conrad, Samuel Dellinger's daughter, appeals from the trial court's denial of her motion to contest Dellinger's will. We reverse and remand.

Issues

Conrad presents two issues for our review which we restate as follows:

1) Whether the witness signatures in a will's self-proving clause also suffice as attesting witness signatures; and

2) Whether the self-proving clause in Dellinger's will was defective.

Because we find the first issue dispositive, we do not consider the second here.

Facts and Procedural History

The facts most favorable to the judgment are that Dellinger…

2Cases cited6 opinions

  1. In Re Estate of Livingston, Texas Court of Appeals, 8th District (El Paso)1999
  2. Patel v. BarkerIndiana Court of Appeals · 2001
  3. Fitch v. MaeschIndiana Court of Appeals · 1998
  4. Matter of Estate of SampleMontana Supreme Court · 1977
  5. Estate of RickettsCourt of Appeals of Washington · 1989

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

3Cited by3 opinions

  1. Wyrick v. GentryIndiana Court of Appeals · 2003
  2. Estate of Dellinger v. 1st Source BankIndiana Court of Appeals · 2003
  3. Estate of Dellinger v. IST SOURCE BANKIndiana Court of Appeals · 2003

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