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REISS v. REISS

No. 4-1285A347.

500 N.E.2d 1223 (1986)

Cletus REISS, As Special Administrator for the Estate of Mary K. Himelick, Appellant (Plaintiff below), v. Frank J. REISS and Marion Reiss, Appellees (Defendants below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied January 13, 1987.

Attorney(s) appearing for the Case

Sharon Funcheon Murphy, Bartlett & Robb, Lafayette, for appellant.

Michael J. Stapleton, Ball, Eggleston, Bumbleburg & McBride, Lafayette, for appellees.

YOUNG, Judge.

This is an appeal from an action brought on behalf of the estate of Mary K. Himelick. The estate requested that a constructive trust be imposed on funds which Frank Reiss transferred to himself and his wife, Marion, upon the death of Himelick. The funds were transferred from bank accounts that he held jointly with the decedent. The trial judge ruled in favor of Frank and Marion Reiss on the basis that the estate had failed to prove that Frank Reiss had...

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