IBJNews

Court of Appeals upholds Miller estate decision

Back to TopCommentsE-mailPrintBookmark and Share

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, 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.

ADVERTISEMENT

  • Spoiled Trust Babies
    People living week to week and 2 pathetic nerds are whinning about all the money they have. Shame on you Will after losing so much money for the people of Columbus. Are you serious?

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in IBJ editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT

facebook - twitter on Facebook & Twitter

Follow on TwitterFollow IBJ on Facebook:
Follow on TwitterFollow IBJ's Tweets on these topics:
 
Subscribe to IBJ
  1. I never thought I'd see the day when a Republican Mayor would lead the charge in attempting to raise every tax we have to pay. Now it's income taxes and property taxes that Ballard wants to increase. And to pay for a pre-K program? Many studies have shown that pre-K offer no long-term educational benefits whatsoever. And Ballard is pitching it as a way of fighting crime? Who is he kidding? It's about government provided day care. It's a shame that we elected a Republican who has turned out to be a huge big spending, big taxing, big borrowing liberal Democrat.

  2. Why do we blame the unions? They did not create the 11 different school districts that are the root of the problem.

  3. I was just watching an AOW race from cleveland in 1997...in addition to the 65K for the race, there were more people in boats watching that race from the lake than were IndyCar fans watching the 2014 IndyCar season finale in the Fontana grandstands. Just sayin...That's some resurgence modern IndyCar has going. Almost profitable, nobody in the grandstands and TV ratings dropping 61% at some tracks in the series. Business model..."CRAZY" as said by a NASCAR track general manager. Yup, this thing is purring like a cat! Sponsors...send them your cash, pronto!!! LOL, not a chance.

  4. I'm sure Indiana is paradise for the wealthy and affluent, but what about the rest of us? Over the last 40 years, conservatives and the business elite have run this country (and state)into the ground. The pendulum will swing back as more moderate voters get tired of Reaganomics and regressive social policies. Add to that the wave of minority voters coming up in the next 10 to 15 years and things will get better. unfortunately we have to suffer through 10 more years of gerrymandered districts and dispropionate representation.

  5. Funny thing....rich people telling poor people how bad the other rich people are wanting to cut benefits/school etc and that they should vote for those rich people that just did it. Just saying..............

ADVERTISEMENT