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In the Matter of the Supervised Estate of Leah Yeley, Deceased; Larry Yeley v. Timothy Purdom, as Personal Rep. of the Estate of Leah Yeley
State: Indiana
Court: Court of Appeals
Docket No: 27A02-1103-ES-456
Case Date: 12/29/2011
Preview:FOR PUBLICATION
ATTORNEY FOR APPELLANT: RANDALL V. SORRELL Sorrell Hamilton & Mastin Fortville, Indiana ATTORNEYS FOR APPELLEES: JAY CURTS BLAKE N. SHELBY Coots, Henke & Wheeler, P.C. Carmel, Indiana MARTIN A. HARKER REBECCA L. LOEFFLER Riley, Harker & Certain Marion, Indiana JOSEF D. MUSSER Spitzer, Herriman, Stephenson, Holderead, Musser & Conner, LLP Marion, Indiana

IN THE COURT OF APPEALS OF INDIANA

FILED
Dec 29 2011, 9:20 am
of the supreme court, court of appeals and tax court

CLERK

IN THE MATTER OF THE SUPERVISED ESTATE OF LEAH YELEY, DECEASED. LARRY YELEY, Appellant, vs. TIMOTHY PURDOM, as Personal Representative of the Estate of Leah Yeley, Appellee.

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No. 27A02-1103-ES-456

APPEAL FROM THE GRANT SUPERIOR COURT The Honorable Jeffrey D. Todd, Judge Cause No. 27D01-0703-ES-9

December 29, 2011 OPINION - FOR PUBLICATION BAILEY, Judge

Case Summary Larry Yeley ("Larry") appeals the denial of his motion to correct error, which challenged a probate court order approving a settlement agreement reached pursuant to the adjudicated compromise of controversies provisions of the Indiana Probate Code.1 We reverse and remand. Issues Yeley presents three issues for review, which we consolidate and restate as two: I. Whether the probate court erroneously concluded that Yeley lacks standing to contest the settlement agreement; and Whether Yeley may participate in a will contest he did not initiate. Facts and Procedural History On January 26, 2007, Leah Yeley ("Leah"), aged ninety-eight, died testate. She was survived by two adult daughters, Gloria Tinsley ("Tinsley") and Leah Willarose Parson ("Parson"), and two adult sons, Larry and Jimmie Yeley ("Jimmie"), the latter of whom is disabled. On March 20, 2007, Timothy Purdom ("Purdom") was appointed the Personal Representative of the Estate of Leah Yeley ("the Estate"). Purdom petitioned for probate of
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II.

Ind. Code
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