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WISLER v. McCORMACK

No. 3-1179A310.

406 N.E.2d 361 (1980)

Lee WISLER, Appellant, v. Kenneth McCormack, As Executor of the Estate of Bertha S. Weis, Deceased, Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied August 1, 1980.

Attorney(s) appearing for the Case

Samuel Schulman, George T. Patton, South Bend, for appellant.

Gerald A. Kamm, Doran, Manion, Boynton, Kamm & Esmont, South Bend, Harold J. Cook, Mishawaka, for appellee.

HOFFMAN, Judge.

This appeal involves determination of whether the joint will of a husband and wife embodies an agreement by each of the testators to dispose of their respective estates in the manner specified in such will.

In 1947 Clayton and Bertha Weis, husband and wife, executed a joint will which provided as follows:

"KNOW ALL MEN BY THESE PRESENTS: "That we, Clayton E. Weis and Bertha S. Weis, husband and wife, of St. Joseph County...

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