Estate of Fanning v. Estate of Fanning

Dissenting Opinion

Hoffman, C.J.

I respectfully dissent from the majority opinion for the reason that the trial court correctly followed the law as stated in Zehr v. Daykin (1972), 153 Ind. App. 537, 288 N.E.2d 174, 33 Ind. Dec. 212. The verdict of the trial court was a general verdict and should be affirmed if it is sustainable on any ground. Hatcher v. Smith (1972), 152 Ind. App. 299, 283 N.E.2d 582, 31 Ind. Dec. 234.

Furthermore, I would adhere to the rule of law and reasoning advanced in Zehr v. Daykin, supra.

I would affirm the judgment of the trial court.

Note. — Reported at 315 N.E.2d 718.