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In Re Will of Scheele

Citations: 517 N.E.2d 418; 1987 Ind. App. LEXIS 3407; 1987 WL 30284Docket: 02A04-8611-CV-344

Court: Indiana Court of Appeals; December 28, 1987; Indiana; State Appellate Court

Narrative Opinion Summary

This case concerns an appeal by Susann M. Kellogg against the Indiana Court of Appeals' summary judgment regarding the will of Edwin F. Scheele and the management of a trust established therein. The core legal issues include the denial of a motion to vacate the judgment based on newly discovered evidence, the inapplicability of ademption by satisfaction and extinction, and the doctrines of equitable deviation and approximation. The trial court's decisions were affirmed, holding that the evidence Kellogg presented could have been discovered through due diligence, thus not warranting relief from summary judgment. Additionally, the court found no genuine issue of material fact regarding the ademption doctrines, as the specific legacy of stock was not extinguished during the testator's lifetime. The equitable deviation doctrine was deemed inapplicable to alter the explicit distribution method outlined in the will. Furthermore, Kellogg's claims of fiduciary duty breaches by the predecessor trustee were struck due to insufficiency and barred by res judicata. Ultimately, the court upheld the distribution of Trust B's assets to Richard's children, affirming the trial court's summary judgment and denying Kellogg's motions for relief.

Legal Issues Addressed

Ademption by Extinction

Application: The court found no genuine issue of material fact regarding ademption by extinction, as the stock existed at the testator's death and the subject matter of the legacy did not disappear during his lifetime.

Reasoning: The definition of ademption by extinction indicates it requires the legacy's subject matter to disappear during the testator's lifetime.

Ademption by Satisfaction

Application: The court ruled that ademption by satisfaction does not apply to specific legacies in Indiana, confirming that Richard's children are entitled to judgment as a matter of law.

Reasoning: In Indiana, the doctrine of ademption by satisfaction does not apply to specific legacies, as established in Weston v. Johnson (1874).

Breach of Fiduciary Duty Claims

Application: The court struck Kellogg's allegations of breach of fiduciary duty as insufficient, as they were either redundant or immaterial, and barred by res judicata principles.

Reasoning: Kellogg, as a beneficiary, could have raised her breach of fiduciary duty claim during Richard's final distribution petition, and any wrongful distribution claims are barred by res judicata principles, as established in Estate of Holland.

Equitable Deviation Doctrine

Application: The court declined to apply the doctrine of equitable deviation as it does not apply to change the testator's explicit distribution method.

Reasoning: The trial court correctly declined to apply the doctrine of equitable deviation in this case.

Newly Discovered Evidence in Summary Judgment

Application: The court held that relief from a summary judgment based on newly discovered evidence requires that the evidence could not have been discovered through due diligence.

Reasoning: According to Indiana Trial Rule 60(B)(2), relief from a summary judgment based on newly discovered evidence requires that the evidence could not have been discovered through due diligence.