# Lee v. Schroeder

> Indiana Court of Appeals · October 17, 1988 · 529 N.E.2d 349

URL: https://www.frixlaw.com/law-library/cases/9713470

## Case

- **Full name:** Louise LEE, Plaintiff-Appellant, v. Linda L. SCHROEDER, as Co-Executrix of the Estate of Raymond C. Schwagmeier, Deceased; Gaberella Parker, as Co-Executrix of the Estate of Raymond C. Schwagmeier, Deceased; Linda L. Schroeder, Richard P. Schroeder, Robert Schwagmeier, Ruth Weber, and Richard Shaddy, Defendants-Appellees
- **Court:** Indiana Court of Appeals
- **Decided:** October 17, 1988
- **Citations:** 529 N.E.2d 349; 1988 Ind. App. LEXIS 796; 1988 WL 109361
- **Precedential status:** Published
- **Opinion:** Concurrence by Shields
- **Judges:** Neal, Ratliff, Shields
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9713470

## How later opinions describe it (automated extraction)

- 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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9713470. Public record. Not legal advice.