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MATTER OF ESTATE OF BURMEISTER

No. 71A03-9305-CV-156.

621 N.E.2d 647 (1993)

In the matter of the Estate of Herbert C. Burmeister, Deceased. Society National Bank, Indiana, Executor, Appellant, v. ESTATE OF HERBERT C. BURMEISTER, Deceased, Appellee.

Court of Appeals of Indiana, Third District.

September 30, 1993.

Attorney(s) appearing for the Case

John A. Burgess, M. Patricia Hackett, Barnes & Thornburg, South Bend, IN, for appellant.

James D. Nafe, Nafe & Nafe, South Bend, IN, for appellee.

STATON, Judge.

The executor of the estate of Herbert Burmeister, Society National Bank ("Bank"), appeals the probate court's judgment that the Bank be surcharged the sum of $84,833.60 for losses incurred by the estate.1 The Bank raises two issues for our review which we consolidate into one and restate as follows: whether the probate court erroneously concluded that the Bank is liable to the primary beneficiaries because it was negligent...

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