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O'CONNOR v. LOWE

No. 24A04-9205-CV-170.

607 N.E.2d 398 (1993)

Pat O'CONNOR, Appellant-Plaintiff below, v. Tisa Ann LOWE, Vera Jean Fugate, and Danny Gibbons, Appellee-Defendants below.

Court of Appeals of Indiana, Third District.

Rehearing Denied March 22, 1993.

Attorney(s) appearing for the Case

Neil R. Comer, Osgood, for appellant.

Douglas R. Denmure, Aurora, for appellee.

STATON, Judge.

Pat O'Connor, the beneficiary of a prior will of Wilma O'Connor, appeals the dismissal of his action to resist probate of a will2 under Ind.Trial Rule 12(B) by the Franklin Circuit Court. The following issues are presented for our review:

I. Whether a valid cause of action exists under IND. CODE 29-1-7-16 (Supp. 1992). II. Whether the Franklin Circuit Court was bound by the Dearborn Circuit Court's determination...

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