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IN RE ESTATE OF RINGEL

No. 1-181A34.

426 N.E.2d 696 (1981)

In re the Matter of the ESTATE OF Eltha Carter RINGEL, Deceased, Travis J. Carter and Thomas R. Haley, Co-Executors.

Court of Appeals of Indiana, First District.

Rehearing Denied November 9, 1981.

Attorney(s) appearing for the Case

Richard H. Montgomery, Steven K. Robison, Montgomery, Elsner & Pardieck, Seymour, for appellant.

Thomas R. Haley, Haley & Farrow, Seymour, for appellee.

RATLIFF, Judge.

STATEMENT OF THE CASE

Adolph Ringel (Ringel) appeals from the judgment of the Jackson Circuit Court denying his objection to the final accounting and proposed distribution of his deceased wife's estate. We reverse.

STATEMENT OF THE FACTS

Ringel is the surviving childless second spouse of Eltha Carter Ringel who died testate on June 29, 1978. Eltha's will, which was executed on September 1, 1971, provided in part:

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