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SNOUFFER, ETC. v. PEOPLES TRUST AND SAV. CO.

No. 20,151.

140 Ind. App. 491 (1965)

212 N.E.2d 165

SNOUFFER, ADMIN. OF ESTATE OF McCARTY v. PEOPLE'S TRUST AND SAVINGS COMPANY, TRUSTEE, ETC.

Court of Appeals of Indiana.

Rehearing denied January 17, 1966.

Transfer denied March 7, 1967.

Attorney(s) appearing for the Case

Joseph Christoff, of Fort Wayne, for appellant.

John R. Leal, Jerry L. Coslow, and Newkirk, Keane & Kowalczyk, of Fort Wayne, for appellee.

WICKENS, J.

This cause is before us to test the ruling of the trial court sustaining appellee's demurrer to the second amended complaint. Having refused to plead over, judgment was rendered against plaintiff-appellant.

Appellee's decedent, Frank McCarty, by will created a trust for the benefit of his son. He also provided that on the termination of the trust, the funds then remaining were to be used to erect...

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