DWYER v. ALLYN

No. 65A01-9203-CV-67.

596 N.E.2d 903 (1992)

Doris J. DWYER, Sharon L. Dwyer Buzard, Vernon L. Stratton, Gregory Stratton, Sheila Stratton Mack, Sherri Stratton Diaz, Edward Stratton, Janet Gayle London, Mark Allyn London and Karen Jeffers, Appellants-Plaintiffs, v. Ruth ALLYN, Allyn Simpson, Ronald Simpson, Kenneth J. Juncker, Mary Juncker, Emily A. Yount, Louis Allyn, David Allyn, Marilyn Thompson, the Unborn Children of Karen Jeffers, the Unborn Children of Sheila Stratton Mack, the Unborn Children of Edward Stratton, the Unborn Children of Sherry Stratton Diaz, and the Unborn Descendants of Ida Stratton, Allyn Simpson and Ronald L. Simpson, As Co-Personal Representatives of the Estate of Wilma L. Simpson, Kenneth J. Juncker and Brenda J. Thompson, As Co-Personal Representatives of the Estate of Otis B. Allyn, Deceased Marilyn K. Thompson and Ronald L. Simpson, As Co Guardians of Ruth Allyn, an Incapacitated Person, Appellees-Defendants.

Court of Appeals of Indiana, First District.

July 20, 1992.


Attorney(s) appearing for the Case

Edwin W. Johnson, Robert W. Rock, Johnson, Carroll and Griffith, Evansville, for appellants-plaintiffs.

Hawley, Hudson & Almon, Mt. Vernon, for appellees-defendants.


BAKER, Judge.

"Wills and the construction of them do more perplex a man than any other learning," mused the venerable Lord Coke in Roberts v. Roberts, 2 Bulstr. 124, 130, 80 Eng.Rep. 1002, 1008. Unfortunately, his observation still rings true today, as the pitched legal battle currently confronting us proves.

The sole issue raised in this appeal is whether the following sentence from the will of Ida W. Stratton is precatory or imperative: "It is my...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases