RAYBURN v. EISEN

No. 1-475A79.

336 N.E.2d 392 (1975)

Samuel RAYBURN and Walter Rayburn, Beneficiaries under the Trust Established in the Last Will and Testament of Bert B. Rayburn, Deceased, Plaintiffs-Appellants, v. Margaret EISEN, Individually and in Her Capacity As Trustee et al.

Court of Appeals of Indiana, First District.

Rehearing Denied December 2, 1975.


Attorney(s) appearing for the Case

Lewellyn H. Pratt, Applegate & Pratt, Bloomington, for plaintiffs-appellants.

Ryan, Hartzell, Ryan & Bock, Frankfort, Lyon & Boyd, Greencastle, for defendants-appellees.


ROBERTSON, Chief Judge.

Samuel and Walter Rayburn, the plaintiffs-appellants, are appealing from the trial court's dismissal of their suit against Margaret Eisen and Albert Rayburn, the defendants-appellees.

The two issues presented are whether the trial court incorrectly denied a motion for change of venue under Ind. Rules of Trial Pro. 76 and (assuming the change of venue was correctly denied) whether the trial court erred in dismissing the complaint under...

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