ILNews

Court didn't err in ordering cash bond

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The Indiana Court of Appeals affirmed a trial court’s order that the two beneficiaries of a piece of property who objected to the sale of the land must each pay a $100,000 cash bond. The case also gave the appellate court the opportunity to decide the standard of review in this type of challenge.

John Cox and Daphne Barger were among several beneficiaries named in Doris P. Jackson’s will to receive 120 acres. A coal company offered to buy the land for $1.4 million dollars and the six other beneficiaries wanted to sell the land to pay off the obligations of the estate. Cox and Barger objected.

Following Indiana Code Section 29-1-15-4, the trial court granted the personal representatives of the estate’s request that Cox and Barger post a bond to pay the estate’s obligations, which were estimated at around $124,000. Cox and Barger were ordered to each pay $100,000. They filed this interlocutory appeal.

The Estate of Doris P. Jackson, John Cox, et al. v. George R. Jackson, II, et al., No. 77A04-1005-ES-331, happened to be the first time the Court of Appeals determined the standard of review for the type of challenge raised by Cox and Barger. They argued the trial court erred by requiring more than three times the amount of cash bond than was necessary from the objecting beneficiaries and by requiring a cash bond instead of one with a surety.

The appellate court concluded that because I.C. Section 29-1-15-4 lets the trial court “approve” both the amount and form of the bond, the abuse of discretion standard is appropriate. They also found the trial court didn’t abuse its discretion by ordering the high amount in a cash bond. The bond must be sufficient to pay all the obligations of the estate, not just the objecting beneficiary’s proportionate share, wrote Judge Terry Crone.

Because the difference in value between the estate’s obligations and the “other property” in the estate is at least $100,000, the trial court’s setting the bond at $100,000 wasn’t an abuse of discretion.

The statute references sureties, but the appellate court has previously held that cash can qualify as a surety.

“We cannot conclude that a trial court abuses its discretion in ordering a cash bond simply because it might pose a hardship and be more expensive than another form of surety,” he wrote. “Because that is the full extent of Appellants’ argument on this issue, we find no abuse of discretion in this case.”

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  3. All these sites putting up all the crap they do making Brent Look like A Monster like he's not a good person . First off th fight actually started not because of Brent but because of one of his friends then when the fight popped off his friend ran like a coward which left Brent to fend for himself .It IS NOT a crime to defend yourself 3 of them and 1 of him . just so happened he was a better fighter. I'm Brent s wife so I know him personally and up close . He's a very caring kind loving man . He's not abusive in any way . He is a loving father and really shouldn't be where he is not for self defense . Now because of one of his stupid friends trying to show off and turning out to be nothing but a coward and leaving Brent to be jumped by 3 men not only is Brent suffering but Me his wife , his kids abd step kidshis mom and brother his family is left to live without him abd suffering in more ways then one . that man was and still is my smile ....he's the one real thing I've ever had in my life .....f@#@ You Lafayette court system . Learn to do your jobs right he maybe should have gotten that year for misdemeanor battery but that s it . not one person can stand to me and tell me if u we're in a fight facing 3 men and u just by yourself u wouldn't fight back that you wouldn't do everything u could to walk away to ur family ur kids That's what Brent is guilty of trying to defend himself against 3 men he wanted to go home tohisfamily worse then they did he just happened to be a better fighter and he got the best of th others . what would you do ? Stand there lay there and be stomped and beaten or would u give it everything u got and fight back ? I'd of done the same only I'm so smallid of probably shot or stabbed or picked up something to use as a weapon . if it was me or them I'd do everything I could to make sure I was going to live that I would make it hone to see my kids and husband . I Love You Brent Anthony Forever & Always .....Soul 1 baby

  4. Good points, although this man did have a dog in the legal fight as that it was his mother on trial ... and he a dependent. As for parking spaces, handicap spots for pregnant women sure makes sense to me ... er, I mean pregnant men or women. (Please, I meant to include pregnant men the first time, not Room 101 again, please not Room 101 again. I love BB)

  5. I have no doubt that the ADA and related laws provide that many disabilities must be addressed. The question, however, is "by whom?" Many people get dealt bad cards by life. Some are deaf. Some are blind. Some are crippled. Why is it the business of the state to "collectivize" these problems and to force those who are NOT so afflicted to pay for those who are? The fact that this litigant was a mere spectator and not a party is chilling. What happens when somebody who speaks only East Bazurkistanish wants a translator so that he can "understand" the proceedings in a case in which he has NO interest? Do I and all other taxpayers have to cough up? It would seem so. ADA should be amended to provide a simple rule: "Your handicap, YOUR problem". This would apply particularly to handicapped parking spaces, where it seems that if the "handicap" is an ingrown toenail, the government comes rushing in to assist the poor downtrodden victim. I would grant wounded vets (IED victims come to mind in particular) a pass on this.. but others? Nope.

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