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IN THE MATTER OF WALZ

No. 3-1280A373.

423 N.E.2d 729 (1981)

In the matter of the Living Trust Created by the Decedent, John G. Walz, Prior to His Death, for Lorraine I. Walz, Donald Walz, and Jacqueline Keown. Donald Walz and Jacqueline Keown, As Appellants v. LORRAINE I. WALZ; MICHAEL SCOT WALZ; AND HOOSIER STATE BANK OF INDIANA, As Trustee and Appellees.

Court of Appeals of Indiana, Third District.

July 27, 1981.

Attorney(s) appearing for the Case

J. Philip Klingeberger, Komyatte & Freeland, P.C., Highland, for appellants Donald Walz and Jacqueline Keown.

M. Jean Rawson, Munster, for appellees Lorraine I. Walz and Michael Scot Walz.

STATON, Judge.

As trustee for the inter vivos trust of John Walz, Hoosier State Bank petitioned the probate court for instruction.1 One issue presented to the probate court was whether Michael — a child adopted by John Walz after his execution of the trust — was a beneficiary under the following provisions:

"The balance of the income may be accumulated by the trustee or in its discretion may be distributed among...

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