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IN RE ESTATE OF NYE

No. 1271A259.

299 N.E.2d 854 (1973)

In the matter of the ESTATE OF William NYE, Deceased. Bonita Louise Grove Webster, Plaintiff-Appellant v. First National Bank of Warsaw, Warsaw, Indiana, et al., Defendants-Appellees.

Court of Appeals of Indiana, Second District.

August 6, 1973.

Attorney(s) appearing for the Case

William R. Clifford of Jones, Withers & Clifford, Anderson, for plaintiff-appellant.

Byron C. Kennedy and Herbert H. Bent of Rockhill, Kennedy, Pinnick, Sand & Bent, Warsaw, for defendants-appellees; Byron P. Hollett, Virgil L. Beeler and Jerry D. Harner of Baker & Daniels, Indianapolis, of counsel.

WHITE, Judge.

I.

What is at stake here is the residue of a decedent's estate. The question is whether James Whitcomb Riley Hospital for Children, Indianapolis, takes it by virtue of testator's Indiana will or whether his deceased wife's nieces and nephew take it under a later Florida will which, if valid, revokes his earlier Indiana will.1 That the Indiana will is valid unless so revoked...

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