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STONER v. CUSTER, EXTR. ET AL.

No. 1069S242.

252 Ind. 661 (1968)

251 N.E.2d 668

STONER v. CUSTER, EXECUTOR ESTATE OF HERBERT H. STONER, ET AL.

Supreme Court of Indiana.

Rehearing denied March 18, 1969.

Transfer to granted October 22, 1969.

Rehearing denied December 8, 1969.

Attorney(s) appearing for the Case

William F. McNagny, J.A. Bruggeman, Barrett, Barrett & McNagny, Adair, Perry, Beers, McAlister & Mallers, all of Fort Wayne, for appellant.

Gilmore S. Haynie, Philip L. Carson, Milford M. Miller, Jr., Livingston, Dildine, Haynie & Yoder, all of Fort Wayne, for appellees.

Transfer to Supreme Court granted October 22, 1969.

ARTERBURN, J.

This case comes to us on a petition to transfer from the Appellate Court of Indiana. The Appellate Court opinion appears at 242 N.E.2d 651.

The executor of the estate of Herbert H. Stoner, the decedent, filed a petition in the Circuit Court of Adams County on October 24, 1966. The part of the petition that is pertinent here sought the trial court's...

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