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123 Ind. 40

Wallis v. Cooper

Indiana Supreme Court

Decided March 21, 1890

Indiana Supreme Court · decided 1890-03-21

<p>Administrator. — Appointment of. — Discretion of Circuit Court as to. — The circuit court has a wide discretion in matters concerning the appointment of administrators, and the appellate court will not control that discretion, -nor interfere with its exercise, except where it has been abused.</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1890-03-21

How this case has been cited

Cited by 9 later decisions — most recently September 1942

9 state decisions

40189019001910192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Elliott, J.

¶1The appellee was appointed administrator de bonis non of the estate of Catherine Wallis, deceased, by the clerk of the Gibson Circuit Court on the 14th day of September, 1889, and the letters and the bond were subsequently reported to the court for confirmation and approval. Over the objection of the appellant the appointment was confirmed. The appellant thereupon petitioned the court to appoint her the administrator of the estate of the decedent, but her petition was denied.

¶2The circuit court has a wide discretion in matters concern*41ing the appointment of administrators, and the appellate court will not control that discretion nor interfere with its exercise except where it has been abused. We think that in this instance there was no abuse of discretion, and that the circuit court wisely and justly exercised its authority.

Filed March 21, 1890.

¶3Judgment affirmed.

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