DURAN v. KOMYATTE

No. 3-685-A-145.

490 N.E.2d 388 (1986)

Judith DURAN, Appellant (Plaintiff below), v. Richard KOMYATTE, Executor of the Estate of John Duran Deceased, and Theresa Duran, Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

Rehearing Denied May 23, 1986.


Attorney(s) appearing for the Case

James A. Harris, Donald R. Capp, Sachs and Hess, P.C., Hammond, for appellant (plaintiff below).

John McDonagh, Hammond, for appellees (defendants below).


STATON, Presiding Judge.

When John Duran divorced his first wife, Judith Duran, their property settlement agreement provided that he execute a will within ten days after the divorce naming his minor children as the sole beneficiaries. The will was never executed by John. Later, he married Theresa and acquired a home held by John and Theresa as tenants by the entireties. Approximately ten years after his divorce from Judith, John died. Due to the expense of his last...

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