TOMPKINS v. SMITH

No. 18,227.

122 Ind. App. 502 (1952)

106 N.E.2d 487

TOMPKINS v. SMITH, EXECUTOR, ET AL.

Court of Appeals of Indiana.

Filed June 17, 1952.


Attorney(s) appearing for the Case

Claude D. Carson, of Plymouth, and Alban M. Smith, of LaPorte, for appellant.

Albert B. Chipman, of Plymouth; Oscar B. Smith, Jr. and Oscar B. Smith, both of Knox, for appellees.


WILTROUT, J.

The appellee executor of the last will and testament of Margaret Tompkins, deceased, filed this action. Appellant's demurrer for insufficient facts was overruled. This ruling is challenged.

It is alleged that decedent executed her will many years ago, by the terms of which she gave all her property to her five children, share and share alike, including the appellant Maurice Tompkins. It is further alleged that, "said decedent Margaret Tompkins...

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