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DONAHUE v. WATSON

No. 2-580A163.

413 N.E.2d 974 (1980)

Mary Cecile DONAHUE, in Her Individual Capacity, Mary Cecile Donahue, in Her Capacity As Trustee of the Trust Created under the Last Will and Testament of Ellen D. Watson, Deceased, Mary Cecile Donahue, in Her Capacity of Beneficiary of the Trust Created under the Last Will and Testament of Ellen D. Watson, Deceased, Appellant-Defendant, v. Edward J. WATSON, Mary Ann Elliott, Francis D. Watson, Nancy Elizabeth Plaster, Sister Ellen Watson, Martha Connell, William C. Watson, Appellees-Plaintiffs.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied March 3, 1981.

Attorney(s) appearing for the Case

Thomas W. Munger, Lafayette, for appellant-defendant.

Lesley A. Meade, Hanna, Gerde and Meade, Lafayette, for appellees-plaintiffs.

CHIPMAN, Judge.

Mary C. Donahue, former trustee of a testamentary trust created by Ellen D. Watson, appeals from an order of the Tippecanoe Circuit Court which directed Donahue to pay the attorney fees of the trust beneficiaries. The following issues are raised for our consideration:

1) whether the trial court had jurisdiction to award attorney fees, 2) whether the trial court erred by holding the trustee individually liable for the attorney fees...

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