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McILWAIN v. SIMMONS

No. 2-182A33.

452 N.E.2d 430 (1983)

Jack McIlwain, Appellant (Plaintiff below), v. Fred SIMMONS, As Executor of the Purported Last Will and Testament of Gladus Simmons, Deceased; Martha Wert and Cynthia Wert, Appellees (Defendants below).

Court of Appeals of Indiana, Second District.

August 18, 1983.

Attorney(s) appearing for the Case

Arden W. Zobrosky, Marion, for appellant.

Richard E. Sisson, Marion, for appellees.

BUCHANAN, Chief Judge.

CASE SUMMARY

Plaintiff-appellant Jack McIlwain (McIlwain) appeals the trial court's denial of his motion for relief from a summary judgment which dismissed his will contest suit, claiming the clerk of the court failed to give him notice of entry of summary judgment as required by Ind. Rules of Procedure, Trial Rule 72(D).

We affirm.

FACTS

McIlwain filed suit contesting the purported Last Will and Testament...

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