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IN THE MATTER OF ESTATE OF BAIRD

No. 2-177A3.

408 N.E.2d 1323 (1980)

In the matter of the Estate of Eleanor M. Baird, Deceased. Thomas A. Waling, Nominated Executor under the Last Will and Testament of Eleanor M. Baird, Deceased, Respondent-Appellant, v. ELEANOR B. MILFORD, Individually and As Executrix of the Estate of Eleanor M. Baird, Deceased, and Lafayette National Bank, Special Administrator and Administrator with Will Annexed of the Estate of Eleanor M. Baird, Deceased, Petitioners-Appellees.

Court of Appeals of Indiana, Second District.

Rehearing Denied October 30, 1980.

Attorney(s) appearing for the Case

Vaughan, Vaughan and Layden, Lafayette, Young and Young, Indianapolis, for respondent-appellant.

Baker and Daniels by Karl J. Stipher, Charles A. Hessler, Indianapolis, for petitioners-appellees.

SHIELDS, Judge.

CASE SUMMARY

Thomas A. Waling appeals the trial court's judgment finding him unsuitable to serve as co-executor of the Last Will and Testament of Eleanor M. Baird.

We affirm.

FACTS

The facts favorable to the trial court's judgment disclose Eleanor M. Baird died testate in Lafayette, Indiana on May 5, 1976. She was survived by one daughter, Eleanor B. Milford, her sole heir and only residuary beneficiary.

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