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HAYES v. SECOND NAT. BANK OF RICHMOND

No. 1-777A160.

375 N.E.2d 647 (1978)

Margaret B. HAYES, Executrix of the Will and Estate of Stanley W. Hayes, Jr., Deceased, Plaintiff-Appellant, v. THE SECOND NATIONAL BANK OF RICHMOND, Defendant-Appellee.

Court of Appeals of Indiana, First District.

Rehearing Denied May 23, 1978.

Attorney(s) appearing for the Case

Gale Graber, Graber & Sandifer, P.C., Indianapolis, for plaintiff-appellant.

William H. Reller, Reller, Mendenhall, Kleinknecht & Milligan, Richmond, for defendant-appellee.

ROBERTSON, Judge.

Plaintiff-appellant Margaret B. Hayes (Hayes), as executrix, appeals the granting of defendant-appellee's, The Second National Bank of Richmond (Bank), motion for summary judgment construing the will of Stanley W. Hayes, Sr. and presents the following issues for review.

(1) Whether the testator's will manifested a clear intent that the remainder of the trust vest in the children surviving at the death of the trust beneficiary rather than...

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