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Friday, October 20, 2006

Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)

For publication opinions today (1):

In In the Matter of the Estate of Pattie L. Owen, Deceased, Rodney M. Logan and Carol Logan, Co-Personal Representatives v. Toni L. Lyke, a 16-page opinion (with a concur/dissent beginning on p. 15), Judge May writes:

Rodney and Carol Logan, as co-personal representatives of the Estate of Pattie L. Owen, appeal the probate court’s construction of Owen’s will in favor of Toni Lyke. The probate court correctly determined Article V of Owen’s will is ambiguous but erred when construing certain portions of it. We affirm in part and reverse in part. * * *

Article V of Owen’s will is ambiguous. Article V granted Lyke a life estate in the farm, with the remainder granted to her children, which life estate is to be held in trust with the Logans as trustees. The rental restriction is void as against public policy. The right of preemption and the right of first refusal granted to the Logans are valid and do not violate the rule against perpetuities. Accordingly, we affirm in part and reverse in part. Affirmed in part, reversed in part.

SULLIVAN, J., concurring.
BAKER, J., concurring in part and dissenting in part with separate opinion. [which begins] My colleagues have done an admirable job of giving life to Owen’s testamentary words. I concur in large part with their conclusions but must respectfully dissent from the finding regarding the “rental restriction.”

NFP civil opinions today (0):

NFP criminal opinions today (6) (link to cases):

Joey Higgins v. State of Indiana (NFP)

Jason Pfledderer v. State of Indiana (NFP)

Wendell Iddings v. State of Indiana (NFP)

Kerwin J. Cole v. State of Indiana (NFP)

Michael D. Bell v. State of Indiana (NFP)

Jeffrey N. Miller v. State of Indiana (NFP)

Posted by Marcia Oddi on October 20, 2006 01:35 PM
Posted to Ind. App.Ct. Decisions