Opinion
No. 29,356.
Filed January 12, 1956.
APPEAL — Jurisdiction — Supreme Court — Decedent's Estate — Rights of Widow — Pleas in Abatement — Transfer of Cause to Appellate Court. — The Supreme Court does not have jurisdiction of an appeal from a judgment in abatement arising from a ruling on a petition filed in an estate proceeding to determine the rights and interest of a widow of the decedent, and under authority of Sec. 4-217, Burns' 1946 Replacement, and Rule 2-14, this appeal is ordered transferred to the Appellate Court of Indiana.
From the Probate Court of Marion County, Dan V. White, Judge.
Appellant, Richard H. Crane, as executor of the last will and testament of Paul E. Crane, deceased, brings this appeal from a judgment in abatement arising from a ruling on a petition filed in an estate proceeding to determine the rights of appellee, Dorothy M. Burns (formerly Dorothy M. Crane), widow of Paul E. Crane, deceased.
Transferred from the Supreme Court to the Appellate Court under Sec. 4-217, Burns' 1946 Replacement.
C. Severin Buschmann, Donald A. Schabel, and Buschmann, Krieg, DeVault Alexander (of counsel), of Indianapolis, for appellant.
Paul G. Davis, of Indianapolis, for appellee.
Reporter's Note. — The above case is placed out of sequence in this volume and accompanies the decision on the merits, after transfer from the Appellate Court back to the Supreme Court.
This is an appeal from a judgment in abatement. It arises from a ruling on a petition filed in an estate proceeding to determine the rights and interest of a widow of the decedent.
Under Acts 1925, ch. 201, § 1, p. 487, being § 4-214, Burns' 1946 Replacement, such a judgment does not fall within any of the classes of appeals listed of which this court has jurisdiction. Dept. St. Rev., Inh. Tax Div. v. Short, Admx., etc. (1955), 234 Ind. 417, 127 N.E.2d 341; State of Indiana ex rel. Green v. Jeffries et al. (1925), 83 Ind. App. 524, 149 N.E. 373.
This appeal has been erroneously filed in the Supreme Court. Under the authority of Acts 1901, ch. 247, § 13, p. 565, being § 4-217, Burns' 1946 Replacement, and under Rule 2-41 of this court, this appeal is ordered transferred to the Appellate Court of the State of Indiana.
Bobbitt, C.J., Emmert, Achor and Landis, JJ. concur.
NOTE. — Reported in 131 N.E.2d 300.