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HINDS v. McNAIR

No. 3-1275A291.

413 N.E.2d 586 (1980)

Lawrence H. HINDS, As Trustee for Ralph G. Sickels, Evelyn R. Sickels, Helen C. Sickels, Winifred Sickels Mitchell, and Gracia Sickels Adelman, Appellant (Defendant-Intervenor below), and Elizabeth H. Hamacher, Administratrix D/B/N, W.W.A., of the Estate of Xen McNair, Sr., Deceased, Estate No. CE69-92, Lake Circuit Court, Appellant (Defendant-Intervenor below), v. Xen McNair, Jr., Appellee (Plaintiff-Cross-Defendant below), Norma McNair, Individually and As Executrix of the Estate of Xen McNair, Sr., Deceased, Estate No. CE69-92, Lake Circuit Court, Appellee (Defendant below), and John Parramore, Guardian of Virginia Parramore, a Minor, and Milan Uzelac, Appellees (Cross-Defendants below).

Court of Appeals of Indiana, Fourth District.

December 1, 1980.

Attorney(s) appearing for the Case

Beckman, Kelly & Smith by John F. Beckman, Jr., Hammond, Bredell, Martin & McTurnan by Lawrence McTurnan, Indianapolis, Leon Kaminski, LaPorte, for appellant Lawrence H. Hinds.

Hamacher & Sendak by Elizabeth H. Hamacher, David M. Hamacher, Crown Point, for appellant Elizabeth H. Hamacher.

Clarence Borns, Borns, Quinn, Kopko & Lindquist, Professional Corp., Merrillville, John R. Nesbitt, Nesbitt, Fisher & Daugherty, Rensselaer, for appellee Xen McNair, Jr.

Fred M. Cuppy and Gerald K. Hrebec, Thomas, Burke, Dyerly & Cuppy, Max Cohen, Cohen & Thiros, Gary, for appellee Norma McNair.

James A. Holcomb and Robert F. Peters, Lucas, Clifford, Kane & Holcomb, Robert A. Lucas, Merrillville, for appellee John Parramore.

MILLER, Judge.

Appellants Elizabeth Hamacher, Administratrix of the Estate of Xen McNair, Sr., and Lawrence H. Hinds appeal from their unsuccessful attempt to reach assets which have been the res of an oral trust created in 1931 by Xen McNair, Sr. and his then wife Esther McNair. The beneficiaries were their daughter and son, Sonia McNair and Xen McNair, Jr. The creation and existence of the trust had earlier been recognized by our Supreme Court in Hinds v. McNair...

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