Allen v. Payne

DAVIS, Justice.

The opinion heretofore handed down in this case on November 3, 1959, is withdrawn and the following opinion is substituted in lieu thereof:

This suit was originally filed by Mrs. Lucille E. Allen, Guardian of the Person and Estate of her mother, Mrs. Annie F. Beamer, against Mrs. Elizabeth Payne and her husband, L. B. Payne. The suit was filed March 17, 1956. Mrs. Allen died April 9, 1956. Mr. Payne died on April 9, 1956. On March 4, 1957, W. P. Beamer, who had been appointed Guardian of Mrs. Bea-mer by the Probate Court of Marion County, was substituted as plaintiff in lieu of…