Opinion
No. 17,653.
Filed January 26, 1948. Rehearing denied March 4, 1948. Transfer denied April 8, 1948.
1. EXECUTORS AND ADMINISTRATORS — Appraisal and Inventory — Rights to Property Not Determined. — Where the Probate Court issues an order requiring an administratrix to file an inventory of all personal property owned by decedent at the time of his death, such order is not determinative of present rights of parties or others to the property inventoried, but merely lists it and does not pretend to fix rights based upon occurrences subsequent to death. p. 147.
2. APPEAL — Right to Appeal — Order to Inventory Decedent's Property — Not Final Judgment or Interlocutory Order. — An order requiring administratrix to file inventory of decedent's personal property is not a final judgment or an interlocutory order from which, under the statute, an appeal may be taken, and it does not fall within the provisions of Rule 2-3, Rules of Procedure and Practice in Supreme and Appellate Court. Burns', 1946 Replacement, § 2-3218. p. 147.
3. APPEAL — Transfer of Cases — Same Decision in Supreme Court — Transfer Denied. — Where to transfer an appeal from an order requiring an administratrix to file an inventory of decedent's personal property on the theory that the order was not appealable would reach the same result as in the Appellate Court, the Supreme Court will deny transfer with this explanation to prevent any inference that an appeal was proper from such order. p. 147.
From the Dearborn Circuit Court; Curtis W. Thompson, Special Judge.
Proceeding in the matter of the Estate of Ernest J. Oertling, deceased, on petition by Ernest G. Oertling to require Mary E. Oertling, Administratrix, to file an inventory of all the personal property of decedent, the court issued an order requiring the inventory, and the administratrix appeals. The Appellate Court affirmed the order. On petition to transfer to the Supreme Court.
Petition denied.
Charles A. Lowe, of Lawrenceburg, attorney for appellant.
Chester E. Bielbey, of Lawrenceburg, attorney for appellee.
The appeal in this case is from an order requiring an administratrix to file an inventory of all the personal property owned by her decedent at the time of his death. The 1, 2, 3. Appellate Court opinion correctly, we think, holds that the order is not determinative of present rights of the parties or others to the property inventoried. It only lists it and does not pretend to fix rights based upon occurrences subsequent to death. This is not a final judgment, Greathouse v. McKinney (1942), 220 Ind. 462, 466, 467, 44 N.E.2d 344, or an interlocutory order from which, under the statute, an appeal may be taken, § 2-3218, Burns' 1946 Replacement, and it does not fall within the provisions of Rule 2-3 of this court. To transfer the case and dispose of it on the theory that the order appealed from was not appealable would reach the same result reached by the Appellate Court. It seems more simple to deny transfer with this explanation to prevent any inference that we think an appeal was proper from the order involved.
Petition to transfer denied.
NOTE. — Reported in 78 N.E.2d 546.