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MATTER OF ESTATE OF WILSON

No. 48A05-9209-CV-329.

610 N.E.2d 851 (1993)

In the matter of the Estate of Nellie May Wilson, Deceased. Erma Jean Phipps, Appellant-Petitioner, v. ROBERTA K. WILSON, Executrix of the Alleged Last Will and Testament of the Deceased, Nellie May Wilson; and Roberta K. Wilson, Appellee-Defendant.

Court of Appeals of Indiana, Fifth District.

Rehearing Denied May 17, 1993.

Attorney(s) appearing for the Case

Richard F. Davisson, Davisson & Davisson, P.C., Anderson, for appellant-petitioner.

John E. Eisele, Schuyler, Eisele & Lockwood, Anderson, for appellee-defendant.

BARTEAU, Judge.

Nellie May Wilson died testate on December 6, 1990, leaving all of her net estate, worth nearly $500,000, to Roberta Wilson ("Wilson"), her niece by marriage. Wilson was named as executrix of the estate. Nearly a year after the will was probated, Erma Jean Phipps, Nellie's natural niece, challenged the will, alleging that it was unduly executed; that it was obtained under duress and by fraud; and that the decedent was of unsound mind when the will...

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