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ESTATE OF LEINBACH v. LEINBACH

Consolidated Cause No. 3-1084A267.

486 N.E.2d 2 (1985)

The ESTATE OF Earl R. LEINBACH, Defendant-Appellant, v. Joan P. LEINBACH, Plaintiff-Appellee, and the Hamlet State Bank, Plaintiff-Appellee.

Court of Appeals of Indiana, Third District.

December 3, 1985.

Attorney(s) appearing for the Case

Barbara L. Lehman, South Bend, for defendant-appellant.

Mark L. Phillips, Perry F. Stump, Newby, Lewis, Kaminski & Jones, La Porte, for plaintiff-appellee.

GARRARD, Judge.

In 1979 Earl and Joan Leinbach borrowed $50,000 from the Hamlet State Bank and executed and delivered to the bank their promissory note and a mortgage on certain real estate which they owned as tenants by the entireties. When Earl Leinbach died the bank filed a claim in his estate asserting the loan was due and unpaid in the outstanding balance of $47,903.84. In addition the widow filed a claim in the estate asserting that she was entitled to contribution...

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