Collinson's Estate, In re, 17912

• Decision Date: 17 October 1950
• Docket Number: No. 17912,17912
• Parties: In re COLLINSON'S ESTATE. OSTHEIMER v. McNUTT et al.
• Court: Indiana Appellate Court

Page 485

94 N.E.2d 485

In re COLLINSON'S ESTATE.

OSTHEIMER v. McNUTT et al.

No. 17912.

Appellate Court of Indiana, in Banc.

Oct. 17, 1950.

Albert Stump, Leo X. Smith, Indianapolis, for appellant.

Victor R. Jose, Jr., Indianapolis, for appellees.

WILTROUT, Judge.

Appellant in her petition for rehearing insists that the language contained in our opinion that 'It was his duty as executor to protect the estate from doubtful claims. * * * Appellant's claim was within this category.' is contrary to our holding in the earlier case of Ostheimer v. McNutt, 1946, 116 Ind.App. 649, 66 N.E.2d 142. In the cited case it was held that appellant's cause of action was not a claim against the estate of Emily Collinson within the meaning of § 6-1001, Burns' 1933.

Our use of the word 'claim' in the instant case was, perhaps, inept, as it is apparent that appellant has misconceived its import. It was used in the sense of a demand of a right or supposed right or obligation.

The petition for rehearing is denied.