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WESTERVELT v. FIRST INTERSTATE BANK

No. 71A04-8905-CV-193.

551 N.E.2d 1180 (1990)

In the matter of the Trust Agreement of Edmund C. WESTERVELT Dated September 15, 1926; First Interstate Bank of Northern Indiana, N.A., Successor Trustee, Appellant (Respondent), v. FIRST INTERSTATE BANK of Northern Indiana; Marian Williams Swortzel, Mervin G. Williams, a/k/a Mervin G. Williams, Jr., Florence Nell Kelley and David Vaughn Williams; the Unknown, Unborn and Unascertained Beneficiaries of Edmund C. Westervelt; and the Attorney General of the State of Indiana, Appellees (Trustee/Petitioner and Respondents).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied May 21, 1990.

Attorney(s) appearing for the Case

B.E. Gates, Jr., Gates & Gates, Columbia City, Alan H. Lobley, Jerome M. Strauss, Ice, Miller, Donadio & Ryan, Indianapolis, for appellant.

G. Burt Ford, John B. Ford, Lucinda Kil Gillis, Jones, Obenchain, Ford, Pankow & Lewis, South Bend, for appellees.

MILLER, Judge.

This appeal involves the construction of an inter vivos trust, when one of two income beneficiaries — a grandchild of the settlor — died leaving no surviving issue. The surviving granddaughter/beneficiary has three children. Under the terms of the trust, Oberlin College [Oberlin] was named a recipient of the income and/or corpus of the trust under certain circumstances — dependent upon the survival of the settlor's issue —...

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