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ESTATE OF GILLILAN v. ESTATE OF GILLILAN

No. 2-477A142.

406 N.E.2d 981 (1980)

The ESTATE OF Mae L. GILLILAN, Deceased, John L. Lee, Administrator, Plaintiff-Appellant, v. The ESTATE OF Charles S. GILLILAN, Deceased, Anderson Banking Company, Executor, Defendant-Appellee.

Court of Appeals of Indiana, Fourth District.

June 30, 1980.

Attorney(s) appearing for the Case

Philip Greene Decker, II, Decker, Lockwood & Swick, Anderson, for plaintiff-appellant.

Philip S. Cooper, Busby, Austin, Cooper & Farr, Robert L. Shearer, Sr., Bagot, Free, Shearer & Miller, Anderson, John P. Price, Robert T. Thopy, Bingham, Summers, Welsh & Spilman, Indianapolis, for defendant-appellee.

MILLER, Presiding Judge.

Shortly before their marriage in 1959, Charles and Mae (Lee) Gillilan entered into an antenuptial agreement in which Charles agreed that if he predeceased Mae, she would receive the entire net income from his estate during the term of her natural life. They lived together as husband and wife until Charles' death in 1975. The numerous provisions of his will in substance provided Mae with the income from his assets but placed a ceiling on said...

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