MESSNER v. DEMOTTE

No. 17,761.

119 Ind. App. 273 (1948)

82 N.E.2d 900

MESSNER ET AL. v. DEMOTTE ET AL.

Court of Appeals of Indiana.

Rehearing denied February 1, 1949.

Transfer denied May 25, 1949.


Attorney(s) appearing for the Case

Mann & Stifler, of Danville, Illinois; Lee Whitehall, of Attica, Edward L. McCabe, of Williamsport, and Fansler, Fauvre, Young & Chambers, of Indianapolis, for appellants.

Cecil E. Haupt, of Williamsport, for appellee.


DRAPER, J.

This action involves the right of the estate of Ollie Richcreek to receive a portion of a trust fund established by the Last Will and Testament of William C. Smith, a wealthy bachelor who died testate in 1911 in Warren County. The trial court held in favor of the estate.

Clause 43 of the will is the only one in which we are interested. It provides that nine of Smith's nieces and nephews, one of whom...

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