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MALACHOWSKI v. BANK ONE, INDIANAPOLIS

No. 49A03-9005-CV-284.

570 N.E.2d 65 (1991)

Louise Noel MALACHOWSKI, Nancy Noel Kosene, H. Jerome Noel, Jr., Irma Noel Rand, William H. Noel, Carol Noel Madrick, William H. Failey, Jr., and John Noel Failey, Appellants (Plaintiffs below), v. BANK ONE, INDIANAPOLIS, Formerly American Fletcher National Bank and Trust Company, Appellee (Defendant below).

Court of Appeals of Indiana, Third District.

Rehearing Denied June 10, 1991.

Attorney(s) appearing for the Case

Henry J. Price, Jennifer L. Graham, Price & Shula, Indianapolis, for appellants.

Richard E. Deer, Arend J. Abel, Teresa E. Morton, Barnes & Thornburg, Indianapolis, for appellee.

HOFFMAN, Presiding Judge.

Plaintiffs-Appellants appeal from the trial court's grant of summary judgment to defendant-appellee Bank One.

The facts relevant to this appeal reveal that appellants are some, but not all, of the adult income beneficiaries of an irrevocable inter vivos trust. Bank One is the trustee of the trust.

In 1935, the irrevocable inter vivos trust was established by Harry S. Noel, naming Bank One's predecessor as trustee. Originally...

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