Gearhart v. Gearhart

Decision Date11 April 1918
Docket NumberNo. 9546.,9546.
Citation119 N.E. 217,67 Ind.App. 393
PartiesGEARHART v. GEARHART et al.
CourtIndiana Appellate Court

OPINION TEXT STARTS HERE

Appeal from Circuit Court, Allen County; J. W. Eggeman, Judge.

In the matter of the estate of Edward L. Gearhart, deceased. Petition by Bertha Gearhart, administratrix, for an order to sell real estate. On an answer being filed to the petition by the People's Trust & Savings Company, as guardian of Mary E. Gearhart, there was a finding and judgment against the petitioner, and she appeals. Affirmed.

Leonard, Rose & Zollars and Wm. Fruechtenicht, all of Ft. Wayne, for appellant. Breen & Morris, of Ft. Wayne, for appellees.

FELT, J.

Edward L. Gearhart died intestate, leaving surviving him as his only heirs at law his widow, Bertha Gearhart, and his mother, Mary A. Gearhart, who is a person of unsound mind and under guardianship. His widow was appointed administratrix of his estate by the Allen circuit court, and thereafter filed her petition, praying for an order to sell the undivided one-fourth of the real estate of which Edward L. Gearhart died seised. It is agreed by the parties that at the time of his death decedent owned real estate of the value of $6,000 and personal property of the value of $7,784.86, also that the debts of the estate amount to $2,800.37, and that the total value of the personal property left by decedent exceeds the amount of the indebtedness of the estate by $4,984.49. To the petition of appellant, the People's Trust & Savings Company, as guardian of Mary E. Gearhart, filed an answer in which it set up, in substance, the facts as to the heirs and property of decedent as above indicated, and other facts to show that the real estate was not liable to make assets to pay debts of the estate, and that the personal property was more than sufficient for that purpose. The issues so formed were tried by the court, and a finding made that the personal property was sufficient to pay all the debts and expenses for which the estate was liable, that the debts should be paid from the personal estate, and that the real estate was not liable to sale for the purpose. The judgment follows the finding, and is against appellant on her petition. Appellant filed a motion for a new trial, which was overruled, and an exception reserved.

The only error assigned is the overruling of the motion for a new trial, which was asked on the ground that the decision of the court is not sustained by sufficient evidence and is contrary to law. Appellant does not deny that under section 3027, Burns' 1914 Statutes, the mother of decedent would inherit one-fourth...

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