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STATE EX REL. LEEPER v. MARSHALL CIRCUIT COURT

No. 29,914.

240 Ind. 522 (1960)

166 N.E.2d 863

STATE EX REL. LEEPER v. MARSHALL CIRCUIT COURT, SHENEMAN, JUDGE.

Supreme Court of Indiana.

Filed May 11, 1960.

Attorney(s) appearing for the Case

George L. Rulison, of Ligonier, and Vernon, Hartzog, Barker and Hepler, of Goshen, for relator.

Marshall F. Kizer, Albert B. Chipman, and Chipman & Chipman, all of Plymouth, for respondent.

ACHOR, J.

This is an original action brought by relator for a writ of prohibition. A temporary writ was issued.

The essential facts which give rise to these proceedings are as follows:

The decedent, John Leeper, died leaving children by his first wife, and the relator who was a second childless wife. Carl E. Wilson was duly appointed special administrator of the estate of John Leeper, deceased, by the Marshall Circuit Court on November 29, 1955. After...

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