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CONRAD v. GARTLEY

No. 11824.

238 F.2d 464 (1956)

Madge Pierce CONRAD and Union Bank and Trust Company, of Kokomo, Indiana, Executors of the Last Will and Testament of Rulo S. Conrad, deceased; Madge Pierce Conrad, an Individual; Union Bank and Trust Company, of Kokomo, Indiana, Trustee of the Trust Under Item Two of the Last Will and Testament of Rulo S. Conrad, deceased, Plaintiffs-Appellants, v. Arline GARTLEY, Laura S. Marlor, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

November 15, 1956.

Attorney(s) appearing for the Case

C. Severin Buschmann, Indianapolis, Ind., Paul I. Hillis, Kokomo, Ind., Donald A. Schabel, Indianapolis, Ind., Elwood H. Hillis, Kokomo, Ind., for plaintiffs-appellants, Buschmann, Krieg, De Vault & Alexander, Indianapolis, Ind., Marshall, Hillis & Hillis, Kokomo, Ind., of counsel.

Charles C. Baker, Indianapolis, Ind., John E. Fell, Kokomo, Ind., Harvey A. Grabill, Indianapolis, Ind., G. Richard Ellis, Kokomo, Ind., for appellees. Grabill & Baker, Indianapolis, Ind., Fell & Ellis, Kokomo, Ind., of counsel.

Before DUFFY, Chief Judge, and FINNEGAN and SCHNACKENBERG, Circuit Judges.

FINNEGAN, Circuit Judge.

Reaching the key issues embedded in this appeal can be expedited by stripping back the facts established in the record and presenting a simplified version of them. Arline Gartley and Laura S. Marlor, defendants, are two cousins of Edna Charles Conrad, who, when alive, was Rulo S. Conrad's first wife. Edna Charles Conrad possessed considerable separate property of her own and on her death Rulo S. Conrad received all of her residuary estate...

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