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MATTER OF TRUST CREATED UNDER AGREEMENT

No. 2-384A73.

469 N.E.2d 768 (1984)

In the matter of the Trust Created under Agreement Dated September 19, 1983, by Ralph W. Johnson. Paul E. Lowe, Trustee, Appellant (Petitioner below), v. CHARMAINE JOHNSON, Individually and As Executrix of the Estate of Ralph W. Johnson, Appellee (Respondent), Methodist Hospital of Gary, Inc. (Claimant below).

Court of Appeals of Indiana, Second District.

Rehearing Denied December 6, 1984.

Attorney(s) appearing for the Case

A. Donald Wiles, II, Wiles & Niederhauser, Indianapolis, for Paul E. Lowe, Trustee, appellant.

Max Cohen, Cohen & Thiros, Merrillville, for appellee.

SHIELDS, Judge.

Paul E. Lowe (Trustee) appeals the trial court's grant of Charmaine Johnson's motion to transfer venue from Hamilton County to Lake County. We consider the following issues in this interlocutory appeal:

1) whether, under Ind.Rules of Procedure, Trial Rule 75(A), preferred venue for this proceeding lies in Hamilton County, and 2) whether either the doctrine of forum non conveniens or Ind.Rules of Procedure, Trial Rule 4.4(C...

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