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IN RE ESTATE OF GERTH

No. 272A104.

283 N.E.2d 578 (1972)

In the matter of the ESTATE OF Elmer L. GERTH, Deceased.

Court of Appeals of Indiana, First District.

June 6, 1972.

Attorney(s) appearing for the Case

Gregory L. Caldwell, Tipton, for appellant.

John C. Vandivier, Jr., Raber & Vandivier, Danville, for appellee.

LOWDERMILK, Judge.

Thomas Gerth filed his unverified amended claim with the Clerk of the Hendricks Superior Court against the estate of Elmer L. Gerth, deceased, on November 13, 1970. The claim was disallowed by the attorney for the Executor on December 10, 1970, and on said date the claim was transferred to the Entry and Issue Docket and assigned for trial by the court.

On July 26, 1971, the Executor of the estate, by his attorney, filed a motion to dismiss...

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