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IN RE WILL OF SCHEELE

No. 02A04-8611-CV-344.

517 N.E.2d 418 (1987)

In re Trust under the Last WILL and Testament OF Edwin F. SCHEELE. Appeal of Susann M. Kellogg.

Court of Appeals of Indiana, Fourth District.

Rehearing Denied February 12, 1988.

Attorney(s) appearing for the Case

Stephen R. Snyder, David C. Cates, Beckman, Lawson, Sandler, Snyder & Federoff, Syracuse, for appellant.

John F. Lyons, Thomas J. Markle, William F. McNagny, Dennis C. Becker, Barrett & McNagny, Fort Wayne, for appellee.

MILLER, Judge.

Susann Kellogg appeals from a summary judgment entered on Lincoln National Bank and Trust Company's petition for construction of the last will and testament of Edwin F. Scheele and for instructions on the disbursement of funds held in a trust created under that will. She raises the following issues on appeal:

1) whether the trial court erred in denying her motion to vacate the summary judgment, which was based on alleged newly discovered evidence...

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