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ESTATE OF JAWORSKI v. JAWORSKI

No. 3-684A170.

479 N.E.2d 89 (1985)

In the matter of the ESTATE OF Josephine JAWORSKI, Deceased; John Jaworski; Casimer Jaworski; Sylvester Jaworski; Helen Przbylinski; and Veronica Weinkauf, Appellants (Respondents and Claimants below), v. Margaret JAWORSKI, As Personal Representative of the Estate of Aloysious Jaworski, Deceased; Walter Jaworski; and First Source Bank, Successor Personal Representative of the Estate of Josephine Jaworski, Deceased, Appellees (Petitioners below).

Court of Appeals of Indiana, Third District.

Rehearing Denied August 7, 1985.

Attorney(s) appearing for the Case

Samuel C. Justice, Portland, for appellants.

Terrance F. Wozniak, Chapleau, Farabaugh & Wozniak, South Bend, for Margaret Jaworski.

Warren E. McGill, Lynn C. Tyler, Barnes & Thornburg, South Bend, for First Source Bank.

HOFFMAN, Judge.

Appellants John Jaworski, Sylvester Jaworski, Casimer Jaworski, Helen Przbylinski, and Veronica Weinkauf (appellants herein) seek review of the Probate Court's order removing John as personal representative of the Estate of Josephine Jaworski, and denying appellants' claim against the estate for attorney fees incurred in a separate action. The facts relevant to this appeal are as follows.

On April 7, 1980, Josephine Jaworski executed a land...

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