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APPLE v. APPLE

No. 172A50.

299 N.E.2d 239 (1973)

Philip F. APPLE and Nancy A. Oakes, Appellants (Plaintiffs-Plaintiffs in Error below), v. Floyd L. APPLE and Floyd L. Apple As Executor of the Estate of Mary Rose Apple (Simmons), Appellees (Plaintiffs-Defendants in Error below), Greenfield Banking Company As Trustee of the Trust Created by the Last Will and Testament of Mary Edna Addison, (Deceased), and As Successor of Harley R. Spurry, Formerly Trustee Thereof, et al., Appellees (Defendants-Defendants in Error below).

Court of Appeals of Indiana, First District.

July 24, 1973.

Attorney(s) appearing for the Case

Marvin E. Clanin, Anderson, Thaddeus R. Spurgeon, Oaklandon, for appellants.

William D. Hall, Indianapolis, for appellees.

ON MOTION TO DISMISS OR AFFIRM

PER CURIAM.

This appeal comes to us from a decree construing the Will of Mary Edna Addison, deceased, who by the terms of said Will had left a life estate in trust to her granddaughter, Mary Rose Apple, nee Simmons, in a large acreage of real estate contingent upon her surviving the decedent and becoming 25 years of age.

Two years after Mary Rose became 25 years of age the transfer was made to her by the trustee as...

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