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MATTER OF GEAKE

No. 3-377A70.

398 N.E.2d 1375 (1980)

In the matter of the Trust under the Last Will and Testament of Charles H. GEAKE, Deceased. The Indiana Masonic Home at Franklin, Indiana, and Shriners Hospital for Crippled Children, Appellants-Respondents, v. ROBERT C. GEAKE, Appellee-Petitioner.

Court of Appeals of Indiana, Third District.

Rehearing Denied March 11, 1980.

Attorney(s) appearing for the Case

John H. Heiney, Rothberg, Gallmeyer, Fruechtenicht & Logan, Fort Wayne, for appellants-respondents.

Thomas J. Blee, Daniel K. Leininger, Parrish, Eggers, Larson & Burt, Fort Wayne, for appellee-petitioner.

HOFFMAN, Judge.

Charles H. Geake died May 14, 1959 survived by his spouse, Goldie, and a son, Robert. By a will executed in 1956 the testator left his residuary estate in trust. The relevant portions of the testamentary trust read as follows:

"ITEM IX All the rest, residue and remainder of my estate of every kind, value or character whatever, be the same real, personal or mixed, and any interest therein, which I may own or have the right to dispose...

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