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McCoy v. Like

Indiana Court of Appeals
511 N.E.2d 501 (1987)


Facts

On November 17, 1983, Dr. Jerry Like (defendant) began exercising power of attorney for Martha McCoy. On the same day, McCoy agreed to sell a 120-acre tract of land to Like. Less than a month later, McCoy and Like agreed to substantially reduce the purchase price. On July 11, 1985, McCoy died. Pursuant to McCoy’s will, Like was appointed as the personal representative of McCoy’s estate. Four beneficiaries under the will (plaintiffs) brought suit to contest the will. The named defendants were all other heirs and beneficiaries, as well as Like in his capacity as the personal representative of McCoy’s estate. After deposing Like, the beneficiary plaintiffs filed an amended complaint that added Like as a defendant in his individual capacity and added the following claims: undue influence, fraud, and breach of fiduciary duty. The trial court dismissed Like as an individual defendant and the added claims that were not part of the will contest. The beneficiary plaintiffs appealed.

Rule of Law

Issue

Holding and Reasoning (Ratliff, C.J.)

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