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JOHNSON v. MORGAN

No. 80A04-0606-CV-315.

871 N.E.2d 1050 (2007)

Mary JOHNSON, et al, Appellants, v. Ruth Ann MORGAN, as Personal Representative of the Estate of Martha R. Dietrich and as sole heir of the Estate of Martha R. Dietrich, Appellee.

Court of Appeals of Indiana.

August 17, 2007.

Attorney(s) appearing for the Case

Steven A. Holt, Erika K. Kornowa, Holt, Fleck & Romine, Noblesville, IN, Attorneys for Appellants.

Thomas J. Trauring, Kokomo, IN, Attorney for Appellee.

OPINION

MATHIAS, Judge.

At issue in this interlocutory appeal is whether the Tipton Circuit Court erroneously joined the Appellants as defendants in a will contest under Indiana Code section 29-1-7-17. We reverse and remand for proceedings consistent with this opinion.

Facts and Procedural History

On September 20, 2005, the Tipton Circuit Court admitted to probate the will of Martha Dietrich ("Dietrich"). Ruth Ann Morgan ("Morgan"), one...

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