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Estate of Guernsey v. Pennington

Estate of Guernsey v. Pennington, 70 N.E. 1008 (Ind. Ct. App. 1904)
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Court
Indiana Court of Appeals · State Appellate Courts
Decided
May 10, 1904
Docket
No. 4,977
Judges
Henley
Citations
70 N.E. 100833 Ind. App. 1191904 Ind. App. LEXIS 175
Disposition
Appeal dismissed.
Headnotes
Pasties. — Decedents’ Estates. — Executors and, Administrators. — A decedent’s estate can not be a party to an action without some representative.
Summary
From Lake Circuit Court; H. S. Barr, Special Judge. Action by William Pennington on a claim against the estate of Chester Guernsey. From a judgment for plaintiff, defendant appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Henley

Text extracted by OCR from a scanned original; check the original for exact wording.

Henley, C. J.

Appellee has moved to dismiss this appeal, for the reasons that the record fails to show that the *120 appeal is prosecuted by any proper person, and that the assignment of errors does not contain the full names of tbe parties. Appellee’s objection is well taken. It is a well-established rule in the courts of appeal in this State that the estate of a dead man can not be a party to an action without some representative. To this effect are the’ following decisions: Estate of Peden v. Noland, 45 Ind. 354 ; Estate of Wells v. Wells, 71 Ind. 509 ; Estate of Thomas v. Service, 90 Ind. 128 ; Dunn v. Estate of Evans, 28 Ind. App. 447 , and in the recent case of Whisler v. Whisler, 162 Ind. 136 , the same rule was announced, and the cases heretofore mentioned were cited with approval.

The appeal is dismissed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1909: 11960: 11961: 11962: 11975: 119092026peak 1909 · 1

Relies on it most ⓘ

  1. Estate of Gordon v. Nicholson174 N.E.2d 56 (Ind. Ct. App. 1961)
  2. In re Estate of Acken123 N.W. 187 (Iowa 1909)
  3. Wilson v. Estate of WL Kings170 N.E.2d 63 (Ind. Ct. App. 1960)
  4. Potomac Insurance v. Boles205 F. Supp. 879 (S.D. Ind. 1962)
  5. State ex rel. Mental Health Commissioner v. Estate of Heithecker333 N.E.2d 308 (Ind. Ct. App. 1975)

Most recent

  1. State ex rel. Mental Health Commissioner v. Estate of Heithecker333 N.E.2d 308 (Ind. Ct. App. 1975)
  2. Potomac Insurance v. Boles205 F. Supp. 879 (S.D. Ind. 1962)
  3. Estate of Gordon v. Nicholson174 N.E.2d 56 (Ind. Ct. App. 1961)
  4. Wilson v. Estate of WL Kings170 N.E.2d 63 (Ind. Ct. App. 1960)
  5. In re Estate of Acken123 N.W. 187 (Iowa 1909)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
Whisler v. Whisler, 67 N.E. 984 (Ind. 1903) 36
Estate of Wells v. Wells, 71 Ind. 509 (1880) 23
Estate of Peden v. Noland, 45 Ind. 354 (1873) 13
Estate of Thomas v. Serv., 90 Ind. 128 (1883) 11
Dunn v. Estate of Evans, 63 N.E. 36 (Ind. Ct. App. 1902) 6

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