stating that a court may disregard an affidavit on its own motion when it does not meet the requirements of Trial Rule 56(E)
How later courts described this case
- stating that a court may disregard an affidavit on its own motion when it does not meet the requirements of Trial Rule 56(E)
- recognizing an exception regarding a testator’s soundness of mind
Written by the judges who cited it.
The opinion
SHIELDS, Presiding Judge,
concurring in result.
I concur in result on Issues I and II. While I agree with the majority decision that Louise Lee's affidavit is inadmissible, the majority's cited case authority properly mandates exclusion of the affidavit under IC 34-1-14-7 (West 1983) rather than IC 84-1-14-6 (West 1988) and for that reason I concur in result on Issues I and II. On Issue III, I concur in both Judge Neal and Chief Judge Ratliff's opinions.