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MATTER OF ESTATE OF SPANLEY

No. 3-483A106.

458 N.E.2d 289 (1984)

In the matter of the Estate of Mildred P. Spanley, Deceased.

Court of Appeals of Indiana, Third District.

January 10, 1984.

Attorney(s) appearing for the Case

Carl J. Suedhoff, Jr., Thomas L. Wooding, Hunt, Suedhoff, Borror & Eilbacher, Fort Wayne, for appellant Lincoln Nat. Bank, Executor of Estate of Figel and Trustee of Testamentary Trust of Figel; and also Lincoln Nat. Bank, Executor of Estate of Spanley.

Edward E. Beck, Shambaugh, Kast, Beck & Williams, Fort Wayne, for appellant Edward E. Beck, Guardian ad litem for the Unborn Heirs of Gloria J. Figel.

Lawrence E. Shine, Paul D. Mathias, Shoaff, Parker & Keegan, Fort Wayne, for appellees.

HOFFMAN, Presiding Judge.

Mildred P. Spanley had prepared for her a Will which included the following provision:

"ITEM V In the event my daughter, Gloria J. Figel, shall die within six (6) months after the date of my death, or prior to receiving her distributive share of my estate, whichever shall first occur, any interest which would have passed to my said daughter under the provisions of this Will is to be disposed of according to the plan of...

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