Legal Opinion
Wiley v. McShane
Indiana Court of Appeals
Decided October 22, 2007No. 64A05-0702-CV-109PublishedCited by 4 opinions
1Opinion of the Court
OPINION
KIRSCH, Judge.
Peggy Wiley appeals the trial court’s order that required her to file a bond, pursuant to IC 29-1-7-19, after she filed a complaint challenging the validity of her deceased mother’s last will and testament. She raises five issues, but we find the following restated issue dispositive: whether the trial court abused its discretion when it set the will contest bond at $75,000.
We reverse and remand.
FACTS AND PROCEDURAL HISTORY
Wiley, a long-time Texas resident, is the daughter of decedent Martha Ellen Wiley (“Martha”), who was a resident of Porter County, Indiana at the time…
2Cases cited4 opinions
- Midland-Guardian Co. v. United Consumers Club, Inc.Indiana Court of Appeals · 1986
- Van Winkle v. NashIndiana Court of Appeals · 2002
- Harper v. BoyceIndiana Court of Appeals · 2004
- Zelek v. JankowskiIndiana Court of Appeals · 1992
3Cited by4 opinions
- R.L. Turner Corp. v. Town of BrownsburgIndiana Supreme Court · 2012
- R.L. Turner Corp. v. Town of BrownsburgIndiana Court of Appeals · 2011
- In Re the Estate of: Genevieve O. Bruce, Keith Oxley v. Dianna Duncan (mem. dec.)Indiana Court of Appeals · 2015
- R.L. Turner Corp. v. Town of BrownsburgIndiana Supreme Court · 2012