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HAVERSTICK v. BANET

No. 1-174A6.

349 N.E.2d 282 (1976)

Frances HAVERSTICK and Mary Ellen Schlater, Appellants (Plaintiffs below), v. Bernard BANET, Executor of the Estate of Connie Schroeer, et al., Appellees (Defendants below).

Court of Appeals of Indiana, First District.

June 23, 1976.

Attorney(s) appearing for the Case

David B. Hughes, Hughes & Hughes, Indianapolis, for appellants.

Arch N. Bobbitt, Ruckelshaus, Bobbitt & O'Connor, Indianapolis, for appellees.

LYBROOK, Judge.

In an action to contest a will plaintiffs-appellants, Frances Haverstick and Mary Ellen Schlater, appeal from a judgment in favor of defendants-appellees, legatees under the will of Connie Schroeer. Appellants present the following issues on appeal:

(1) Whether the trial court erred in refusing to permit decedent's attending physician to testify at the trial concerning the decedent's mental capacity and physical condition at the time she made...

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