Zelek v. Jankowski

HOFFMAN, Judge.

Appellant-plaintiff John L. Zelek appeals the trial court's dismissal of his will contest.

Appellant requests this Court to overturn the trial court's dismissal of his complaint to contest Anna Zelek's will and codicil due to the fact that he did not post bond, as ordered by the trial court, in the amount of $2,500.00. 1 Appellant complains that the trial court set the $2,500.00 bond based upon anticipated executor-defendant's attorney's fees in defense of the will contest.

IND.CODE § 29-1-7-19 (1988 Ed.) governs a plaintiff's bond in a contested will proceeding:

"At the time of…