STATE EX REL. HARPER, EXECUTRIX v. WHEATLEY, JUDGE

No. 30,281.

244 Ind. 245 (1963)

191 N.E.2d 708

STATE EX REL. HARPER, EXECUTRIX, ETC. v. WHEATLEY, JUDGE

Supreme Court of Indiana.

Rehearing denied September 9, 1963.


Attorney(s) appearing for the Case

Charles B. Salyer, of Anderson, Robert Hollowell and Hollowell, Hamill & Price, of Indianapolis, for relator.

John S. Grimes, of Indianapolis, Troy N. Hutto, Hutto & Regnier, Horace P. Holmes, Bolton, Holmes & Watson and Joe Heaton, all of Tipton, for respondents.


LANDIS, J.

This is an original action in this Court for writ of mandate to compel respondent judge to grant a change of judge as to a petition to remove the executrix and appoint a special administrator in the estate of Floyd E. Harper, deceased, which estate is being administered upon in respondent court. We issued the alternative writ.

The record before us so far as pertinent to the questions here presented reveals that the petition to remove the executrix...

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