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MATTER OF ESTATE OF SWANK

No. 3-1076A226.

375 N.E.2d 238 (1978)

In the matter of the Estate of Elizabeth Swank, Deceased.

Court of Appeals of Indiana, Third District.

April 20, 1978.

Attorney(s) appearing for the Case

Vincent J. Backs, Robert Owen Vegler, Kennerk, Dumas, Burke & Backs, P.C., Ft. Wayne, for appellant.

Arthur H. Fruechtenicht, Arthur W. Fruechtenicht, Ft. Wayne, for appellee.

STATON, Judge.

The Allen Superior Court dismissed Edith K. Bender's "Petition for the Removal of Personal Representative Heretofore Appointed or, in the Alternative, for the Appointment of a Special Administrator." Bender appeals from the judgment of dismissal, alleging:

(1) the trial court erred in considering the personal representative's motion to dismiss, since the motion was not timely filed; and, (2) the judgment of the trial court granting...

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