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MASSEY v. ST. JOSEPH BANK AND TRUST CO.

No. 3-580A128.

411 N.E.2d 751 (1980)

Thomas MASSEY, Robert Massey, Peter Massey and John Massey, Appellants-Plaintiffs, v. ST. JOSEPH BANK AND TRUST CO., Appellee-Defendant.

Court of Appeals of Indiana, Third District.

Rehearing Denied January 6, 1981.

Attorney(s) appearing for the Case

Timothy W. Woods, South Bend, for appellants-plaintiffs.

Charles M. Boynton and Gerald A. Kamm, Doran, Manion, Boynton, Kamm & Esmont, South Bend, for appellee-defendant.

STATON, Judge.

Thomas Massey, Robert Massey, Peter Massey and John Massey are beneficiaries of a trust. They filed a petition in probate court to have the trustee of their trust removed. After a trial, the probate court denied their petition to remove the St. Joseph Bank and Trust Co. as the trustee. They present these issues on appeal for our review:

(1) Whether it was contrary to the evidence and the law for the probate court to decide that the trustee...

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