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MATTER OF ESTATE OF RUNYAN

No. 12A04-8910-CV-446.

557 N.E.2d 1353 (1990)

In the matter of the Estate of Mary M. Runyan, Deceased. Max L. Ditto, Individually and As Executor of the Estate of Mary M. Runyan, Deceased, Appellant, v. RICHARD D. MARTIN, Executor-Appellee.

Court of Appeals of Indiana, Fourth District.

August 13, 1990.

Attorney(s) appearing for the Case

Frank E. Spencer, Indianapolis, James T. Robison, Robison Robison Bergum & Johnson, Frankfort, for appellant.

John David Hoover, Ronald G. Sentman, Johnson, Smith, Densborn, Wright & Heath, Indianapolis, for executor-appellee.

MILLER, Judge.

Appellant Max L. Ditto, executor of the estate of Mary Runyan, appeals his removal — without hearing or notice of charges — as executor of Mary Runyan's estate by the Clinton Circuit Court. The issue here is:

Whether Ditto's removal as executor without either notice of charges against him or a hearing was contrary to law because no emergency, as required by Ind. Code 29-1-10-6, existed.

We reverse.

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