NEWKIRK v. ROTHROCK

No. 472A198.

293 N.E.2d 550 (1973)

Vincent J. NEWKIRK, Executor of the Last Will and Testament of Rea M. Rothrock, Deceased, Appellant, v. Willard R. ROTHROCK and Claudia Rothrock, Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied April 24, 1973.


Attorney(s) appearing for the Case

Evan A. McLinn, New Albany, S. Morris Wilson, Corydon, for appellant.

Robert W. Davis, Corydon, for appellees.


LOWDERMILK, Judge.

This is a suit brought by the executor of the estate of Rea M. Rothrock, deceased, to set aside a deed executed by decedent on October 10, 1967, to the defendants-appellees, Willard R. Rothrock and Claudia Rothrock. The decedent died on February 2, 1970. At that time no proceedings had been instituted in any court to set aside the deed in question.

The deed purported to transfer from decedent to appellees a farm valued at not less than ...

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