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MATTER OF ESTATE OF BANKO

No. 82A01-9205-CV-149.

602 N.E.2d 1024 (1992)

In the matter of the Estate of August F. Banko, Deceased. Carol Banko Rogers, Appellant-Petitioner, v. THE NATIONAL CITY BANK OF EVANSVILLE, Personal Representative, Appellee-Respondent.

Court of Appeals of Indiana, First District.

Rehearing Denied December 18, 1992.

Attorney(s) appearing for the Case

James D. Johnson, Mattingly, Rudolph, Fine & Porter, Evansville, for appellant-petitioner.

R. Eugene Johnson, Thomas J. Kimpel, Statham, Johnson & McCray, Evansville, for appellee-respondent.

ROBERTSON, Judge.

Carol Banko Rogers appeals the denial of her petition to reopen the estate of her father, August F. Banko. Her appeal causes us to resolve the tension which exists between the duty of a personal representative to marshal the assets of an estate and the effects of a nonprobate transfer of funds into a joint account with rights of survivorship in the surviving spouse.

We reverse.

August Banko died testate on April 21, 1990. His last...

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