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BAPTIST CHURCH ETC. ET AL. v. STALKER ET AL.

No. 19,469.

132 Ind. App. 37 (1961)

172 N.E.2d 888

BAPTIST CHURCH IN NEW PROVIDENCE ET AL. v. STALKER ET AL.

Court of Appeals of Indiana.

Rehearing denied April 14, 1961.

Transfer denied June 7, 1961.

Attorney(s) appearing for the Case

Cooper, Cooper, Cooper & Cox, of Madison, Orbison, Rudy & O'Connor, of New Albany, and Owen Voigt, of Jeffersonville, for appellants.

Metford & Hensley, of Madison, Homer D. Smith, of Jeffersonville, Inezellen Bales, Robert H. Orbison and Baker & Orbison, of counsel, all of Indianapolis, for appellees.

PFAFF, P.J.

Appellees James B. Stalker, Jr., Frances C. Stalker, and Dorothy Adams, as the only heirs of John M. Stalker, deceased, brought this action in the Clark Circuit Court to resist the probate of the Purported Last Will and Testament of said decedent. By proper affidavit this cause was venued to the Jefferson Circuit Court.

The issues were formed by the appellees' complaint as amended by interlineation and the appellants' answer thereto in admission...

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