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FOMAN v. MOSS

No. 18A02-9511-CV-669.

681 N.E.2d 1113 (1997)

Grace M. FOMAN, Appellant-Respondent, v. Alene MOSS, as Personal Representative of the Estate of Odell Foman, Appellee-Petitioner.

Court of Appeals of Indiana.

June 5, 1997.

Attorney(s) appearing for the Case

David W. Stone IV, Stone Law Office & Legal Research, John G. Garman, Jr., Anderson, for appellant.

Donald K. McClellan, McClellan, McClellan & Arnold, Muncie, for appellee.

OPINION

GARRARD, Judge.

The trial court set aside Grace Foman's ("Foman") election to take against her deceased husband's will because she was incompetent. The trial court appointed a guardian and ordered the guardian not to file an election to take against the will. Despite the trial court's order, the guardian subsequently filed, on Foman's behalf, an election to take against the will which the trial...

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