BROWN v. GARDNER

No. 3-573A47.

308 N.E.2d 424 (1974)

Martha BROWN, Plaintiff-Appellant, v. Lowell GARDNER et al., Defendants-Appellees.

Court of Appeals of Indiana, Third District.

Rehearing Denied May 6, 1974.


Attorney(s) appearing for the Case

Tommy L. Strunk, McDonald & Strunk, Indianapolis, for plaintiff-appellant.

William L. Soards, Bowen, Myers, Northam & Soards, Indianapolis, William F. Sammons, Robinson & Sammons, Morocco, for defendants-appellees.


GARRARD, Judge.

On June 28, 1971, the purported Last Will and Testament of Hazel Hess was admitted to probate. Nearly fifteen months later, on September 15, 1972, this action was instituted by appellant to contest the will. The complaint alleged that the testatrix was of unsound mind, that execution of the will was procured by undue influence, that the will was unduly executed, and that the execution was procured by fraud.

The defendants filed a motion to...

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