MATTER OF ESTATE OF KIRBY

No. 1-1285A329.

498 N.E.2d 64 (1986)

In the matter of the Estate of James Theodore Kirby, Deceased. Raymond Hartman and James Drew, Co-Personal Representatives Appellants (Petitioners below), v. WASEN CLEON KIRBY, Inez May Isaac Hamilton, Doris Jeane Kirby Hodges, Martha Kirby, Anna Rose Kirby Powell, Nancy Kirby, Arnella Kirby, Franklin Dale Kirby, Marcia Williams Decker, Dessie McKinney, Betty Kelly Vote, Merian Bowel Mickel, James Wallace Kirby, Zita May Kirby Shelton, Nellie Kirby Bruce, Jill Lynn Edwards, Jane Lynn Kirby, Jan Lynn Kirby, Jamie Wilkie, Mary Curry, Minnie Rice, Geraldine Rice, Scott Kirby and Warrick Hospital, Inc., Appellees (Respondents and/or Interested Parties below).

Court of Appeals of Indiana, First District.

Rehearing Denied November 6, 1986.


Attorney(s) appearing for the Case

Brian K. Carroll, Edwin W. Johnson, Johnson, Carroll & Griffith, Evansville, David K. Zengler, Boonville, for appellants.

Robert R. Aylsworth, S. Anthony Long, Phillips and Long, P.C., Boonville, for appellees.


ROBERTSON, Presiding Judge.

Raymond Hartman and James Drew, co-personal representatives of the estate of James Theodore Kirby (Kirby) appeal the judgment of the probate court which directs the representatives to pay all estate and inheritance taxes from the probate estate.

We affirm.

Kirby executed his last will and testament on August 3, 1983. The will disposed of two parcels of real estate known as the...

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