Miller v. Stephens
Indiana Supreme Court
From Posey Circuit Court; O. M. Welborn, Judge. Suit by Ezra Stephens, administrator of the estate of Celeste S. Murphy, deceased, against Julius C. Miller-and others, executors of the will of Edward Murphy, deceased, to set aside an alleged election by Celeste S. Murphy, deceased, to take under the will of her deceased husband, Edward Murphy. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtHadley, J.
Edward and Celeste Murphy were husband and wife, old and childless. Edward died December 3, 1900, testate, leaving real estate of the value of $3,000, and a personal estate of the value of $31,000. The will provided that Celeste should have, “in consideration of her surrendering all her legal claims” to her husband’s estate, the household effects-, and $2,000 per annum during her life. Excepting a few trifling legacies, the remainder of the estate was bequeathed to certain benevolences in New Harmony. Appellants, as executors, entered upon the execution of the will. On the day of Edward’s…
2Cases cited3 opinions
- Dudley v. PiggIndiana Supreme Court · 1897
- Draper v. MorrisIndiana Supreme Court · 1894
- Fosher v. GuilliamsIndiana Supreme Court · 1889
3Cited by7 opinions
- In re the Estate of ZweigNew York Surrogate's Court · 1932
- Billiter v. ParriottNebraska Supreme Court · 1935
- Chaplin v. LeapleyIndiana Court of Appeals · 1905
- Estate of Gerke v. Estate of GerkeIndiana Court of Appeals · 1991
- Block v. ButtIndiana Court of Appeals · 1908
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