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MILLIGAN v. DENHAM

No. 63A01-8909-CV-374.

553 N.E.2d 1265 (1990)

Jessie Sue Green MILLIGAN and Mary Ann Green Stone, Appellants (Plaintiffs below), v. Janice Green DENHAM, Mary Meredith, and Janice Green Denham and James W. Funk, in Their Respective Capacities As the Named Co-Personal Representatives under the Purported Last Will and Testament of Ralph D. Green, Deceased, Dated March 20, 1986, Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

May 21, 1990.

Attorney(s) appearing for the Case

Jeffrey R. Kinney, Kevin J. Messmer, Bamberger, Foreman, Oswald and Hahn, Evansville, for appellants.

David V. Miller, David E. Gray, Greg A. Granger, Bowers, Harrison, Kent & Miller, Evansville, for appellees.

CHEZEM, Presiding Judge.

Case Summary

Jessie Sue Green Milligan and Mary Ann Green Stone (Contestors) appeal the trial court's dismissal of their action contesting the validity of the will of Ralph Green, deceased. We reverse.

Issue

Whether summons by sheriff pursuant to Ind. Code 29-1-7-18 must be issued within the five (5) month time period set forth in I.C. 29-1-7-17 for the will contest to have been timely initiated.

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