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APPLE v. APPLE

No. 172-A-50.

301 N.E.2d 534 (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.

Rehearing Denied November 7, 1973.

Attorney(s) appearing for the Case

Marvin E. Clanin, Anderson, Thaddeus R. Spurgeon, Oaklandon, for appellants (plaintiffs-plaintiffs in error below).

William D. Hall, Indianapolis, for appellees (plaintiffs-defendants in error below).

LOWDERMILK, Judge.

This action was commenced by appellants, plaintiffs in error below, who were heirs at law of Mary Rose Apple, nee Simmons (Mary Rose.) They qualified as her descendants under Item Eighth of the Last Will and Testament of Mary Rose's grandmother, Mary Edna Addison, deceased. The appellee, Floyd L. Apple (Floyd) was the surviving spouse of Mary Rose and Executor of her estate.

The Hancock Circuit Court, Honorable George B. Davis, Judge, entered...

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