Mccoy v. Like

511 N.E.2d 501 (Ind. App. 1987)

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Nature of the Case

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Facts

Martha McCoy died in a nursing home at the age of seventy-nine on July 11, 1985. Her will, dated February 16, 1984, was probated. Dr. Jerry Like (D) was appointed personal representative of the estate pursuant to the terms of the will. D had exercised Martha's power of attorney from November 17, 1983, until her death. On November 17, 1983, Martha, as seller, entered into a contract for the conditional sale of over 120 acres of real estate with D and his wife, Georgialee. Martha McCoy Georgialee's aunt. The same parties amended the agreement by lowering substantially the purchase price. D and his wife never made any payments to Martha on the contract. Martha's will which was executed in 1984 bequeathed the balance due on the land contract to her three nieces, June Joslin, Jerri Sue McCoy, and Georgialee Like. The will bequeathed the remainder of the estate to all of her nephews and nieces in equal shares. D was nominated as her personal representative. Martha previously had executed a will in 1976 where Martha bequeathed all of her property to her nephews and nieces in equal shares. Jerri Sue McCoy, her niece, and William McCoy, her nephew, were nominated as her personal representatives. Ps were Martha McCoy's nephews and nieces who were legatees under the 1984 will. They filed a complaint to contest the will, including fraud and undue influence. An amended complaint added several claims to the will contest. D, as an individual, filed a motion to dismiss regarding all counts of the amended complaint. The remaining defendants, including D as the estate's personal representative, also filed a motion to dismiss. The trial court dismissed everything in the amended complaint other than the will contest and dismissed D as an individual defendant. Ps filed a motion to reconsider, a second amended complaint, a motion to sever, and a motion to transfer. The court dismissed the second amended complaint and denied the other motions. Ps appealed.