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COOK ET AL. v. HERRING ET AL.

No. 19,242.

130 Ind. App. 72 (1959)

162 N.E.2d 108

COOK ET AL. v. HERRING ET AL.

Court of Appeals of Indiana.

Filed November 2, 1959.

Attorney(s) appearing for the Case

H. Hanly Hammel, Jr., of Lafayette, for appellants.

Albert Meranda, of Jeffersonville, for appellees.

RYAN, J.

Appellants, the plaintiffs below, filed a complaint in the Scott County Circuit Court to contest a will of one George Hercules, who the complaint alleges was domiciled in Scott County at the time of his death and who left an estate there. To this complaint the appellees filed a motion to strike on the ground that the pleading was sham and was intended merely for delay.

The trial court overruled the motion to strike, and

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