O'NEAL ETC. v. ESTATE OF LIVINGSTON ETC.

No. 29,794.

240 Ind. 160 (1959)

162 N.E.2d 519

O'NEAL ETC. v. ESTATE OF LIVINGSTON ETC.

Supreme Court of Indiana.

Filed December 2, 1959.


Attorney(s) appearing for the Case

Mellen & Mellen, of Bedford, and Gilbert W. Butler, of Martinsville, for appellant.

Hickam & Hickam, of Spencer, for appellee.


PER CURIAM.

This is an appeal from an order removing an Executor.

Appellant asserts that the trial court erred in removing him as Executor of the Estate of Floyd Livingston, deceased, on its own motion "without written or oral charge of any kind, and without citation or notice," and without a hearing at which he had an opportunity to be present.

The removal of a personal representative is provided by statute. Acts 1953, ch. 112, § 1006, p. 295...

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