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LEIGHTY v. WALKER

No. 19,540.

136 Ind. App. 152 (1963)

193 N.E.2d 138

LEIGHTY v. WALKER ET AL.

Court of Appeals of Indiana.

Rehearing denied December 2, 1963.

Transfer denied May 14, 1964.

Attorney(s) appearing for the Case

White & White, Luke White, Vincent F. Grogg, Rex V. Keller, all of Covington, and Fansler, Fauvre, Dongus & Barnard, of Indianapolis, for appellant.

Wallace & Wallace, James B. Wallace, William A. Loy, Ward S. Williams, Robert O. Williams, all of Covington, Fraser & Isham, William S. Isham and James A. Gardner, all of Fowler, for appellees.

RYAN, J.

The parties to this appeal have presented the main issue to us within narrow, well defined limits. As presented, the parties agree that the question involves whether or not one Amanda C. Livengood, having made a joint will with her husband, could thereafter convey certain real estate by deed. This question in turn is to be determined by the following language contained in the joint will:

... full right to such survivor to sell all, or any part thereof...

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