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173 Ind. App. 610

368 N.E.2d 1175

Overpeck v. Dowd

Indiana Court of Appeals

Decided November 4, 1977

Indiana Court of Appeals · decided 1977-11-04

Good law ✅— No negative treatment on recordhow we know

Decided 1977-11-04

How this case has been cited

Cited by 13 later decisions — most recently August 2004

12 state decisions

501977198019902000decided

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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Bryan OVERPECK, Appellant,
v.
John E. DOWD, Administrator of the Estate of Alice Hendrixson, Absentee, Helen Lucille Kimball, Dustin Bruce Kimball, and State of Indiana, Appellees. Bryan Overpeck, Appellant,
v.
JOHN E. DOWD, Administrator of the Estate of Laura Hendrixson, Absentee, Alice Marian (Arrington) Ibey, Amy Elizabeth (Arrington) Muhlebach, Ester T. (Arrington) Chelte, and State of Indiana, Appellees. Bryan Overpeck, Appellant,
v.
John E. DOWD, Administrator of the Estate of Ida Hendrixson, Absentee, Mary Louise (Hanna) Carpenter, Isleta Marie Hanna, Marion Willard Eaton, and State of Indiana, Appellees.

No. 1-1275A216.

¶1Court of Appeals of Indiana, First District.

November 4, 1977.

¶2*1176 Clelland J. Hanner, James P. Buchanan, John B. McFaddin, Rockville, for appellant.

¶3Ted B. Lewis, Samuel A. Fuller, Stewart, Irwin, Gilliom, Fuller & Meyer, Indianapolis, John S. Grimes, Indianapolis, for appellees.

¶4

ON APPELLEES' MOTION FOR MODIFICATION OF JUDGMENT AND PETITION FOR REHEARING

¶5ROBERTSON, Chief Judge.

¶6The appellee John E. Dowd, Administrator of the Estates of Alice Hendrixson, deceased, Laura Hendrixson, deceased, and Ida Hendrixson, deceased, has petitioned this Court to modify its original opinion, and we do so by stating that our holding is modified by taking into consideration IC 1971, XX-X-XX-XX (Burns Code Ed.). That section recognizes as valid the sale of the property in question and the authority of the personal representative to make the sale, and we so hold. The dispute now revolves about the disposition of the proceeds of the sale.

¶7The petition for rehearing filed by appellees Helen Lucille Kimball, Dustin Bruce Kimball, Alice Marian (Arrington) Ibey, Amy Elizabeth (Arrington) Muhlebach, Ester T. (Arrington) Chelte, Mary Louise (Hanna) Carpenter, Isleta Marie Hanna and Marion Willard Eaton is denied.

¶8LOWDERMILK and GARRARD, JJ., concur.

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