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MATTER OF ESTATE OF EDINGTON

No. 1-785A193.

489 N.E.2d 612 (1986)

In the matter of the Estate of Ira E. Edington, Deceased. Bill Edington and Jerry Edington, As Co-Executors of the Estate of Ira E. Edington, Plaintiff-Appellant, v. ERNESTINE EDINGTON, Defendant-Appellee.

Court of Appeals of Indiana, First District.

February 27, 1986.

Attorney(s) appearing for the Case

Larry C. Thomas, Thomas & Thomas, Clinton, for plaintiff-appellant.

Patrick L. Duffy, Duffy & Duffy, Terre Haute, for defendant-appellee.

NEAL, Judge.

STATEMENT OF THE CASE

The defendant-appellee, Ernestine Edington (Ernestine), surviving spouse of Ira E. Edington, deceased, filed an election to take against the will of the decedent and for her surviving spouse allowance on April 18, 1984. The co-executors of the decedent's estate (Estate) petitioned the court on May 4, 1984, to disallow the election and allowance alleging Ernestine had waived her statutory rights in the decedent's estate...

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