BOICE v. MALLERS

No. 17,884.

121 Ind. App. 210 (1951)

96 N.E.2d 342

BOICE v. MALLERS ET AL.

Court of Appeals of Indiana.

Rehearing denied March 2, 1951.

Transfer denied May 1, 1951.


Attorney(s) appearing for the Case

Brubaker, Rockhill & Lee, of Warsaw, for appellant.

Donald Vanderveer, of Milford; Ezra W. Graham; Widaman & Widaman; and Jesse E. Eschbach (of counsel), all of Warsaw, for appellees.


BOWEN, P.J.

This is an appeal from a judgment in the probate jurisdiction of the Kosciusko Circuit Court setting aside the sale of certain stock by the trustee under the will of one Angus C. McDonald, deceased.

Issues were formed by a petition filed by one Nick Mallers who attacked the sale of certain stock to the appellant. Such petition alleged that the appellee Mallers was ready and willing to buy the stock; at a price exceeding the $35,000 appellant had...

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