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SCHMIDT v. NATIONAL BANK OF LOGANSPORT

No. 18,217.

123 Ind. App. 1 (1952)

106 N.E.2d 698

SCHMIDT v. THE NATIONAL BANK OF LOGANSPORT AND TABER, TRUSTEES, ETC. ET AL.

Court of Appeals of Indiana.

Rehearing denied September 17, 1952.

Transfer denied, November 12, 1952.

Attorney(s) appearing for the Case

Albert H. Cole, Albert H. Cole, Jr. and Russell J. Wildman, all of Peru, for appellant.

Paul Myers and Myers & Molique, of Logansport, for appellee, Paul Graham Taber.

John D. Shoaff, and Shoaff, Keegan & Baird, all of Fort Wayne, for appellees, Allen Hamilton, Agnes Hamilton, Jessie Hamilton, Jesse Taber, Jesse Taber, administrator.

John D. Shoaff and Shoaff, Keegan & Baird, all of Fort Wayne for cross-appellants.

Anderson & Anderson and Hillis & Hillis both of Logansport for cross-appellee, Mabel Walker Edwards.

WILTROUT, J.

Upon consideration of the petition for rehearing filed by certain of the appellees and cross-appellants we have concluded to recall our initial opinion herein, 105 N.E.2d 343, and substitute the following therefor:

This action was instituted by the appellee trustees under the last will and testament of Stephen C. Taber, deceased, wherein they request a construction of the will so that their duties, as well as...

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