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BROWN v. AMERICAN FLETCHER NAT. BANK

No. 49A02-8707-CV-264.

519 N.E.2d 166 (1988)

Zilpha BROWN, Appellant (Plaintiff below), v. AMERICAN FLETCHER NATIONAL BANK, As Trustee of August J. Schneider Testamentary Trust; Guy Allen Brown; Danny J. Brown, Barry Jo Brown; and after-Born Children of Norman S. Brown and Nancy Brown, Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

Rehearing Denied March 28, 1988.

Attorney(s) appearing for the Case

Donald L. Adams, Adams & Commons, Indianapolis, for appellant.

Francis J. Feeney, Jr., Joseph J. Straub, Feeney & Ward, Indianapolis, for appellee American Fletcher Nat. Bank.

HOFFMAN, Judge.

Zilpha Brown appeals the summary judgment granted in favor of American Fletcher National Bank in its capacity as trustee of a testamentary trust established by Zilpha's father. This case involves no factual disputes and the sole legal issue raised is whether the terms of the trust violate the rule against perpetuities.

The pertinent parts of Zilpha's father's will are as follows:

"ITEM IV I direct that, after satisfying all...

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