Unger v. Mellinger
Indiana Court of Appeals
From Clinton Circuit Court; Joseph Claybaugh, Judge. Suit by John Unger against Jacob Mellinger as executor of the last will of Eliza Unger, deceased. From a decree for defendant, plaintiff appeals.
1Opinion of the CourtMyers, J.
By petition filed in the court below appellant sought an order against the executor of the estate of his deceased wife, requiring such executor to distribute to him one-third of the net proceeds of her personal estate.
The petition is in one paragraph, and is upon the theory that, as surviving husband, and having renounced the testamentary disposition of the property made by his wife, he is allowed by law one-third of her personal estate. Appellee answered appellant’s petition by confession and avoidance. A demurrer to this answer for want of facts was overruled, and issues thereon formed by…
2Cases cited17 opinions
- Parkison v. ThompsonIndiana Supreme Court · 1905
- McNutt v. McNuttIndiana Supreme Court · 1888
- Childers v. First National BankIndiana Supreme Court · 1897
- City of Evansville v. MartinIndiana Supreme Court · 1885
- Deller v. HofferberthIndiana Supreme Court · 1891
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3Cited by12 opinions
- Mallow v. EastesIndiana Supreme Court · 1913
- Rose v. OwenIndiana Court of Appeals · 1908
- Buckel v. AuerIndiana Court of Appeals · 1918
- Remington v. RemingtonSupreme Court of Colorado · 1920
- O'Connor v. O'ConnorCalifornia Supreme Court · 1933
7 more not listed; retrieve them via the Exa API.