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SALVATION ARMY, INC., ET AL. v. HART ETC. ET AL.

No. 29,740.

239 Ind. 1 (1958)

154 N.E.2d 487

SALVATION ARMY, INC., ET AL. v. HART, ETC., ET AL.

Supreme Court of Indiana.

Filed December 9, 1958.

Attorney(s) appearing for the Case

Forrest M. Condit, Charles H. Sparrenberger and Fine, Hatfield, Sparrenberger & Fine, all of Evansville, for appellants.

Clifton L. Markel and William L. Mitchell, both of Evansville, for appellees.

ARTERBURN, J.

In this appeal two actions have been consolidated for review. They come to us upon transfer from the Appellate Court.

The first question presented for our consideration deals with the construction of the will of Charles L. Hart and the operation of its provisions after his widow elected to take her share at law and thereby renounced the provisions made for her in the will. The will created a trust in event the widow survived. The income

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