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BIRCHER ET AL. v. WASSON ET AL.

No. 19,388.

133 Ind. App. 27 (1962)

180 N.E.2d 118

BIRCHER ET AL. v. WASSON ET AL.

Court of Appeals of Indiana.

Filed February 9, 1962.

Attorney(s) appearing for the Case

Dunbar & Dunbar, Merlin M. Dunbar, Lucien L. Dunbar, Thomas Clay Collier, all of Indianapolis, and John P. Lutz, Jr., of Booneville, for appellants.

William Foreman, Bamberger, Foreman, Oswald & Hahn, of Evansville, for appellees, Charlotte E. Wasson; Louis G. Wasson; Louis G. Wasson, Co-Executor of Estate of James R. Wasson, deceased; Valerie Wasson, Pamela Wasson and John Wood Wasson, by their Guardian Louis G. Wasson; Charlie E. Wasson, and Charles Allen Wasson, by his Guardian Charlie E. Wasson.

Joseph H. Harrison, of Evansville, attorney and guardian ad litem for appellees, Judith Ann Wasson, Karen Charlotte Smith, Mark Branson Smith, Reed Wasson Hoyt, Phelps Wasson Hoyt, Scot Wasson Hoyt, Cheryl Rae Wasson, Donna Ann Wasson (La Donna Wasson), Frank Ertel Wasson, Jed Ross Wasson, Rita Jeanne Wasson, Gregory Louis Wasson, Jann Maurine Wasson and Wilbur Gordon Wasson.

AX, J.

Appellants filed an amended petition to construe Item Three of the will of James R. Wasson, deceased, claiming in substance that an attempted devise under Item Three to transfer all of decedent's real estate to the Trustees of a purported separate trust for his grandchildren was void and that therefore said real estate passed by Item Four of his said will to his children, the residuary devisees.

From an adverse judgment of the court below which found...

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