CARSON, C.J.
This action was originally filed in the Lake Superior Court and was subsequently venued to the Porter Superior Court, from which this appeal is taken. The issues below, were formed by plaintiff-appellants' amended petition for removal of defendant-appellee, as Executor of the Estate of Paul E. Schleicher, Sr., deceased; defendant-appellee's answer; and, a reply, filed to the answer. The pleadings thus filed, served to present two issues:
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