34 Ind. App. 449 | Ind. Ct. App. | 1905
The appellee, Elizabeth A. Kelley, by her verified petition, sought the setting aside of the final settlement of the estate of Thomas J. Kendall, deceased, by the appellant Edwin R. Rush, administrator thereof, and the reopening of the settlement of the estate. The sufficiency of the petition is questioned. It was represented therein, in substance, that Thomas J. Kendall died at Tippecanoe county, June 24, 1897, .intestate, leaving as his widow the petitioner, and leaving surviving him, also, Ernest Kendall and Orval Kendall, minor children, horn of the marriage of the intestate and the petitioner, and Carey W. Kendall, Laura Homecker, Minnie B. Sampson and Essie M. Kendall, adult children of a former marriage of the intestate, and Bessie Kendall and Lois Kendall, minor, children of snch former marriage; that Minnie B. Sampson had since died, leaving surviving her Oscar E. Sampson, her husband,
•Judgment affirmed.