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LINCOLN NAT. BANK AND TRUST CO. v. FIGEL

No. 3-380A74.

427 N.E.2d 5 (1981)

LINCOLN NATIONAL BANK AND TRUST COMPANY, et al., Appellant As to Issue No. 1, Appellee As to Issue No. 2 Described below, Plaintiffs, v. Patrick J. FIGEL, Charles W. Figel, Terry M. Figel, et al., Appellee As to Issue No. 1, Appellant As to Issue No. 2 Described below, Defendants.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied November 30, 1981.

Attorney(s) appearing for the Case

Carl J. Suedhoff, Jr., Thomas L. Wooding, Hunt, Suedhoff, Borror, Eilbacher & Lee, Fort Wayne, for Lincoln Nat. Bank and Trust Co.

G. William Fishering, III, Adair, Perry, Beers, Mallers & Larmore, Fort Wayne, for Carol D. Fishering.

James Koday, Barrett, Barrett & McNagny, Fort Wayne, for Patrick J. Figel, Charles W. Figel, and Terry M. Figel.

Christopher L. Hagenbush, Sowers & Benson, Fort Wayne, for Charles W. Figel.

CHIPMAN, Presiding Judge.

Lincoln National Bank and Trust Company (Lincoln National) began this cause when it filed a "COMPLAINT TO CONSTRUE WILL" in an attempt to determine how it should distribute the assets contained in a residual testamentary trust set up by Charles A. Spanley. The suit was brought by Lincoln National in its capacity as trustee of Charles' trust and as executor of his daughter, Gloria J. Figel's estate and as the future trustee of her testamentary...

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