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Court of Appeals upholds Miller estate decision

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The Indiana Court of Appeals has sided with former Columbus, Ind., banker Will Miller in an estate battle launched by his older brother, Hugh.

In an opinion issued Thursday, Power of Attorney of Xenia S. Miller, et al. v. William Irwin Miller and Sarla Kals, No. 03A01-0912-CV-586, the court said Will Miller was correct to spend more than $20 million over 3-1/2 years on the upkeep of properties owned by the wealthy Columbus family.

The brothers are heirs to a fortune built over generations through the defunct Irwin Union Bank and Trust and diesel engine-maker Cummins Inc. Their parents, J. Irwin and Xenia Miller, were major philanthropists, noted for bringing world-reknowned modern art and architecture to their hometown.

The court's opinion led off with a quote from "The Tempest" by William Shakespeare: "What's past is prologue..." The line speaks to the question of whether Will and family financial adviser Sarla Kalsi, as Xenia's personal representatives, properly interpreted her wishes. Xenia was incompetent when J. Irwin died in 2004, but Will and Kalsi continued to spend huge sums on the upkeep of family properties, which they argued was in keeping with the Millers' long-established practice.

Hugh Miller contested the estate's spending in Bartholomew Superior Court. He argued that $2.7 million of the spending was more to the benefit of Will and Kalsi than Xenia, who died in 2008. The lower court sided with Will Miller, going so far as to grant payment of his attorney fees. Hugh appealed.

Although it upheld the lower court's ruling on the estate spending, the appellate court reversed the decision on attorney fees, saying Hugh's claim was not frivolous.
 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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