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FIRST FEDERAL SAV. & L. ASS'N OF EVANSVILLE v. BAUGH

No. 1-573A90.

310 N.E.2d 101 (1974)

FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF EVANSVILLE, a Corporation, Appellant (Defendant below), v. Jerry P. BAUGH, As Personal Representative of the Estate of Margaret Louise Brumbeloe, Deceased, Appellee (Plaintiff below), James C. Brumbeloe, Jr., Appellee (Defendant below), Jerry A. Atkinson, As Guardian Ad Litem of Carol D. Brumbeloe King, Appellee (Defendant below), Martha G. Holt, Guardian of the Estate of William Jeffers Brumbeloe, a Minor, Appellee (Defendant below).

Court of Appeals of Indiana, First District.

April 30, 1974.

Attorney(s) appearing for the Case

Charles C. Griffith, Johnson, Carroll and Griffith, Evansville, for appellant.

Jerry P. Baugh, Baugh and Baugh, Evansville, for appellee Jerry P. Baugh, as Personal Representative of the Estate of Margaret Louise Brumbeloe, deceased.

Harold T. Ackerman, Birmingham, Ala., Robert S. Matthews, Matthews and Shaw, Evansville, for appellee, Martha G. Holt, Guardian of The Estate of William Jeffers Brumbeloe, a Minor.

Jerry A. Atkinson, Hayes and Atkinson, Evansville, for appellee, Jerry A. Atkinson, Guardian Ad Litem of Carol D. Brumbeloe King.

LYBROOK, Judge.

This appeal stems from the decision of the trial court in ruling on various motions for summary judgment in plaintiff-appellee Jerry P. Baugh's (Baugh) action for declaratory judgment to determine the disposition of certain savings accounts held by defendant-appellant First Federal Savings & Loan Association of Evansville (First Federal.)

The primary issue presented for review is whether the tentative trust of savings deposits, or so-called...

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