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McCANN v. MERCHANTS NAT'L BANK ETC.

No. 20,609.

141 Ind. App. 321 (1967)

227 N.E.2d 697

McCANN v. MERCHANTS NATIONAL BANK & TRUST COMPANY OF INDIANAPOLIS, EXECUTOR.

Court of Appeals of Indiana.

Filed July 6, 1967.

Attorney(s) appearing for the Case

Raymond W. Hilgedag and James M. Secrest and Hilgedag & Johnson, of counsel, all of Indianapolis, for appellant.

John G. Rauch and John G. Rauch, Jr., and Rauch, Chase & Kitchen, of counsel, all of Indianapolis, for appellee.

No Petition for Rehearing Filed.

PFAFF, C.J.

This action was commenced in the Probate Court of Marion County by appellant, Carl McCann, by a petition to construe the Last Will and Testament of Anne Darby McCann, deceased.

The facts surrounding the issues in this appeal can best be understood by setting forth the pertinent part of the "Order on Petition to Construe Will," which reads as follows:

"1. The bequest and devise to Carl McCann pursuant...

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