Home/Indiana Court of Appeals/Est. of Cameron v. Kuster, Exec.

Est. of Cameron v. Kuster, Exec.

236 N.E.2d 626, 142 Ind. App. 645, 1968 Ind. App. LEXIS 611
CourtIndiana Court of Appeals
DecidedMay 16, 1968
Docket1067A78
StatusPublished
Cited by8 cases

This text of 236 N.E.2d 626 (Est. of Cameron v. Kuster, Exec.) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Est. of Cameron v. Kuster, Exec., 236 N.E.2d 626, 142 Ind. App. 645, 1968 Ind. App. LEXIS 611 (Ind. Ct. App. 1968).

Opinion

Bierly, J.

— This is an appeal from a nunc pro tunc order admitting an alleged codicil to probate, as of a date more than two years prior to the entry of-the order.

The original order of probate was dated May 17, 1965, and on March 23, 1967, the executor filed a motion to. correct record, to which motion appellant George S. Coggeshall filed objections. On July 19, 1967, the Noble Circuit Court granted the executor’s motion to correct the record.

The trial court’s order book entry, inter alia, stated:

“(3) That such written instrument purporting to be a .codicil to such decedent’s Last Will and Testament was duly executed in all respects according to law, has been duly proven is a codicil to the Last Will and Testament of decedent herein and is entitled to be admitted to probate as such in such County.”

The .purported codicil, as found in the transcript, and typed out by us as best we can decipher it, is as follows:

.“Codicil ‘ . , .
May • .,1965
In addition to my Last Will and Testament “duelyexecuted and witnessed” on- 1965, 1 wish to *647 make this “bequest,” gift with out tax. I wish to give all of my Kenneceot Copper to Howard LaFollette, 605 South 29th St. South Bend, Ind. Howard’s Mother 1 was my cousin’s son (Blanche Hayward LaFollette) (He make me think of my Father’s gentle ways).

To my Executor:

1st Transfer UK and SN (by way of MLFBS of Fort Wayne) to Margaret and George Coggeshall.
2nd Transfer NAC to Robt Van Auken and Nancy Carlson 1/2 each of all my NAC.
3rd Transfer K to Howard LaFollette.
Sell at Merrell Lynches
100 Alummum (?) 3,800
103 Lytton (?) 10,000
6 Lytton pi 3% con 6,360 22 Glidden 1,320
82 Fansteele 1,820
82 Standard Jersey 7,000
(Mr. Pletcher) ? House 20,000
(Pay mortgage
Pay Mr. Kuster with contract) 41,300
2 Taxes
3
140000
_1_ State Tax Fed Tax is
980000 usually the
980000 same
980000 Mr. Kuster 5%
30,000.00 “ “ 2-1/2%
7-1/2
*648 If you can salvage about'40000 — Then.
I should like that 10000. be given like this: Codicil #2
■ To Maud Wolf 500.
To Abe Rice 500.
To. Edith Miller 500.
To Wilma Kuster = 500.
To Ann Hunt 1000.
3000.
The rest of the money to go to George Coggeshall.” 2

It is obvious that the above “codicil” was neither signed by the testatrix nor attested by two witnesses. Proofs of codicil, other than by subscribing witnesses, were filed by three persons. Ea,ch proof was limited to an opinion that the “codicil” was in the handwriting of the decedent, and two of them stated that the decedent was competent and of sound mind. Two of these witnesses were beneficiaries under the “codicil.”

Appellant attacks the jurisdiction of the court below in admitting to probate a document which is non-testamentary on its face.

*649

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Bluebook (online)
236 N.E.2d 626, 142 Ind. App. 645, 1968 Ind. App. LEXIS 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/est-of-cameron-v-kuster-exec-indctapp-1968.