Jasper County Democrat, Volume 17, Number 101, Rensselaer, Jasper County, 27 March 1915 — BENTON COURT REVERSED. [ARTICLE]

BENTON COURT REVERSED.

Supreme Court Holds Appointment of Administrators Unauthorized Pending Appeal. Indianapolis, March 25.—Where a person contests a will which has been probated, and the executor has qualified, and the trial court renders a judgment setting aside the will, but the persons claiming ’ ider the will appeal, the trial court is not authorized in appointing an administrator ' for the estate and compelling the executor to account to him pending an appeal to the supreme court. The above is established Wednesday by the supreme court in reversing the Benton circuit court for appointing Grace D. Folandsbee and Lemuel Shipman administrators of the estate of Jennie E. Caldwell, and requiring Lee Dinwiddle and other executors to account to them, although an appeal had been taken to the supreme court from the judgment setting aside the will. The supreme court says that an in term appeal from a judgment prevents the enforcement of the judgment pending appeal, and that the requiring of the executors to ma'ke a final accounting to an administrator appointed by reason of the judgment setting aside the will would be such an execution of the judgment as is prevented by the in term appeal.