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HEINZMAN v. MASON

No. 29A05-9709-CV-411.

694 N.E.2d 1164 (1998)

Ruth Ann HEINZMAN, as Administratrix of the Supervised Estate of Robert J. Montgomery, Sr., Appellant, v. Robert MASON, as Administrator of the Supervised Estate of Donna J. Montgomery, Appellee.

Court of Appeals of Indiana.

May 13, 1998.

Attorney(s) appearing for the Case

Michael A. Howard, Noblesville, for Appellant.

Michael J. Stapleton, Cheryl M. Knodle, Ball, Eggleston, Bumbleburg, McBride, Stapleton & Walkey, PC, Lafayette, for Appellee.

OPINION

FRIEDLANDER, Judge.

In this action for distribution of estate assets, Ruth Ann Heinzman, as Administratrix of the Supervised Estate of Robert J. Montgomery, Sr., appeals from an order granting summary judgment in favor of Robert Mason, as Administrator of the Supervised Estate of Donna J. Montgomery.

The following restated issue is presented in this appeal:

If a man kills his wife and then himself and both die intestate, should the...

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