Demma et al. v. Forbes Lumber Co.

Full title: DEMMA ET AL. v. FORBES LUMBER CO

Court: Court of Appeals of Indiana

Date published: Oct 21, 1960

169 N.E.2d 608 (Ind. Ct. App. 1960)

169 N.E.2d 608

Opinion

No. 19,506.

Filed October 21, 1960.

APPEAL — Death of Party — Substitution of Party — Appellee. — Where petitioner shows that since the filing of this appeal the appellant, executor of certain estate, has died and that petitioner has been appointed in his stead by the Marion Probate Court, the Appellate Court orders petitioner substituted as party appellant in lieu of deceased executor.

From the Probate Court of Marion County.

In this appeal taken by Mary Demma, Michael P. Matracia, Executor of Estate of Mary Demma, and another, appellants, wherein Forbes Lumber Co. is named party appellee, Joseph M. Demma petitions to be substituted as party appellant in lieu of said Matracia who died since the filing of this appeal.

Petitioner ordered substituted as party appellant. By the court in banc.

Curtis W. Roll, of Kokomo, and Richard L. Lowther, of Indianapolis, for appellants.

Thomas F. Gibson, of Indianapolis, for appellee.

BIERLY, C.J.

Joseph M. Demma, on September 26, 1960, filed in this cause his duly verified representation that since the filing of this appeal, the Executor of said Estate, one Michael P. Matracia, has died, and that the aforesaid, Joseph M. Demma, has been appointed by the Marion Probate Court, Marion County, Indiana, as Administrator C.T.A. of said estate; and, the said Joseph M. Demma included with such representation, a petition asking leave of this court to substitute Joseph M. Demma, Administrator C.T.A. of said estate, as appellant in this cause in lieu of Michael P. Matracia, Executor, deceased, of said Estate.

And the court now finds that in the interests of said cause on appeal, Joseph M. Demma, Administrator de bonis non cum testamento annexo (d.b.n.c.t. a) of said estate, should be substituted as appellant herein as successor administrator to Michael P. Matracia, Executor of the Estate of Mary Demma, deceased.

IT IS NOW ORDERED by the court that Joseph M. Demma, Administrator C.T.A. of the Estate of Mary Demma, deceased, be substituted as party appellant in lieu of or instead of Machael P. Matracia, Executor, of said Estate, and now deceased.

NOTE. — Reported in 169 N.E.2d 608.