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IN THE MATTER OF ESTATE OF NIEMIEC

No. 3-481A114.

435 N.E.2d 570 (1982)

In the matter of the Estate of John Wilfred Niemiec, Deceased. George H. Niemiec, et al., Appellants-Plaintiffs, v. WESTERN STATE BANK AND J. ROBERT NIEMIEC, Appellees-Defendants.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied June 17, 1982.

Transfer Denied September 8, 1982.

Attorney(s) appearing for the Case

Robert W. Mysliwiec, South Bend, for appellants-plaintiffs.

Daniel J. Harrigan, Bayliff Harrigan Cord Maugans & Russell, P.C., Kokomo, David L. Matthews, Matthews-Petsche & Associates, P.C., South Bend, for appellee-defendant Robert J. Niemiec.

Frederick C. Boynton, Doran, Manion, Boynton, Kamm & Esmont, South Bend, for appellee-defendant Western State Bank.

CONOVER, Judge.

George H. Niemiec and other heirs at law (heirs) of John Wilfred Niemiec, deceased, (John) appeal the entry of summary judgment in favor of Western State Bank (Bank) and J. Robert Niemiec (Robert) in their proceeding to contest John's will.

We reverse.

ISSUES

While several issues were properly raised and briefed by the parties, we need discuss only the first one, namely, whether the trial court erred in issuing a protective...

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