ESTATE OF DECKER v. FCS

No. 71A03-9410-CV-389.

653 N.E.2d 534 (1995)

In the matter of the ESTATE OF Charles Earnest DECKER, Deceased, Appellant-Defendant, v. FARM CREDIT SERVICES OF MID AMERICA, Aca, Appellee-Plaintiff.

Court of Appeals of Indiana.

July 28, 1995.


Attorney(s) appearing for the Case

Robert E. Canfield, South Bend, for appellant.

Jere L. Humphrey, Mark E. Wagner, Kizer & Neu, Plymouth, for appellee.


OPINION

GARRARD, Judge.

Farm Credit Services of Mid-America, ACA (hereinafter FCS) filed a claim against the Estate of Charles Decker which the probate court disallowed as untimely. FCS appealed, claiming that the personal representative induced the delay in bringing its action. The Court of Appeals found that equity may require extension of the statute of limitations, and remanded for a determination of whether the equities here demanded that the statute...

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