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McAVOY, JR., ET AL. v. SAMMONS ET AL., CO-EXTRS.

No. 20,569.

140 Ind. App. 552 (1967)

224 N.E.2d 323

McAVOY, JR., ET AL. v. SAMMONS ET AL., CO-EXECUTORS, ETC.

Court of Appeals of Indiana.

Rehearing denied April 4, 1967.

Attorney(s) appearing for the Case

Bower & Bower, of Kentland, and John Wheatley, of Yukon, Oklahoma, both for appellants.

George F. Sammons, George M. Sammons, and Sammons & Sammons, all of Kentland, all for appellants.

Petition to Transfer filed and pending.

PRIME, J.

This appeal for the construction of a will is before us on stipulated facts which are as follows:

Io Eva Unger died testate on November 30, 1964. She had seven brothers and sisters. Five were living when she made her will on October 30, 1964, and when she died on November 30, 1964. One of the brothers died in 1953 and one in 1958.

The suit was brought in the lower court by the heirs of the two...

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