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CARRELL v. ELLINGWOOD

No. 1-1080A300.

423 N.E.2d 630 (1981)

Beverly J. CARRELL, Robert E. Ellingwood, Ilene Hedrick, Rita Jones, Loyd A. Ellingwood and Barbara S. Ellingwood, Plaintiffs-Appellants, v. Don E. ELLINGWOOD, Henraetta I. Hudson and Harry Eugene Ellingwood, Defendants-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied September 3, 1981.

Transfer Denied December 31, 1981.

Attorney(s) appearing for the Case

William K. Bennett, Bennett, Boehning, Poynter & Clary, Lafayette, for plaintiffs-appellants.

James R. Earnshaw, Harding & Henthorn, Crawfordsville, for defendants-appellees.

NEAL, Presiding Judge.

Plaintiffs-appellants Beverly J. Carrell, Robert E. Ellingwood, Ilene Hedrick, Rita Jones, Loyd A. Ellingwood, and Barbara S. Ellingwood (Grandchildren), all grandchildren of Edna A. Ellingwood, deceased (Decedent), instituted an action to contest the will of Decedent in the Montgomery Circuit Court. From a judgment dismissing the action because it was filed beyond the statutory five months limitation, they appeal. We reverse.

STATEMENT...

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