Opinion
No. 18,775.
Filed March 12, 1956. Rehearing denied April 17, 1956. Transfer denied November 15, 1956.
Appeal from Lake Superior Court, No. 1, Joseph V. Stodola, Judge.
Appeal by the American Trust and Savings Bank, Executor of the Estate of Gazdich from a judgment in favor of Ann Gripp. The Appellate Court dismissed the appeal in an opinion by Judge Royse.
Transfer denied.
We believe the petition to transfer this appeal to this court should be denied for the reasons stated in the opinion of the Appellate Court, except the statement that "Steve Gazdich as sole devisee of the decedent should have been made a party to this action in the trial court," and by our refusal to transfer we decide nothing as to this phase of the appeal.
Transfer denied.
NOTE. — Reported in 138 N.E.2d 9.