O'Connor v. Lowe

STATON, Judge.

Pat O'Connor, the beneficiary of a prior will of Wilma O'Connor, appeals the dismissal of his action to resist probate of a will2 under Ind.Trial Rule 12(B) by the Franklin Circuit Court. The following issues are presented for our review:

I. Whether a valid cause of action exists under IND.CODE 29-1-7-16 (Supp.1992).

II. Whether the Franklin Circuit Court was bound by the Dearborn Circuit Court's determination - concerning O'Connor's failure to present objections in compliance with IC 29-1-7-16.

We affirm.

On December 26, 1989, Wilma O'Connor executed a will naming her nephew, Pat…