STATE EX REL. SELLERS v. SUPERIOR COURT ETC.

No. 30,361.

244 Ind. 356 (1963)

191 N.E.2d 307

STATE EX REL. SELLERS, ET AL. v. SUPERIOR COURT OF MADISON COUNTY, DAVIS, SPECIAL JUDGE.

Supreme Court of Indiana.

Rehearing denied October 7, 1963.


Attorney(s) appearing for the Case

Peck, Scott & Shine, of Anderson, for relators.

John D. Staggenburg, Jack B. Campbell, Lewis E. Jones and Campbell & Jones, all of Anderson, for respondents.


MYERS, C.J.

This is an original action in mandate filed by relators against the Superior Court of Madison County, Indiana, and George B. Davis as Special Judge thereof, wherein relators petitioned the court to issue a writ mandating respondents to probate a will.

The facts involved are as follows: George M. Danforth died on September 17, 1961, leaving two inconsistent wills, one dated April 1, 1958, hereinafter called the 1958 will, and the other dated August...

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