Montgomery v. Supervised Administration of the Estate of Montgomery
Indiana Court of Appeals
1Opinion of the Court
OPINION
GARRARD, Judge.
Harry Montgomery (“Montgomery”) appeals the trial court’s denial of his petition for a partial distribution of his share of the real estate. We affirm and remand to the trial court for further proceedings consistent with this opinion.
FACTS AND PROCEDURAL HISTORY
Cynthia S. Montgomery, a/k/a/ Cynthia S. Matter (“Cynthia”), died testate on June 2, 1993 while domiciled in Starke County, Indiana. She was survived by Montgomery, her second husband with whom she had no children, and her adult children, Shelli Matter, Stacey Suit and Steven Matter, all born of a prior marriage.…
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