MATTER OF ESTATE OF KIRKENDALL

No. 34A02-9312-CV-662.

642 N.E.2d 548 (1994)

In the matter of the Supervised Estate of Retha M. Kirkendall, Deceased Danny R. Kirkendall, Appellant-Defendant, v. DELMAS H. KIRKENDALL, Personal Representative of the Estate of Retha M. Kirkendall, Appellee-Plaintiff, and Indiana Department of Natural Resources, Appellee-Defendant.

Court of Appeals of Indiana, Second District.

November 17, 1994.


Attorney(s) appearing for the Case

Christopher E. Harvey, Schurger, Zurcher & Harvey, Decatur, for appellant.

L. Owen Bolinger, Bolinger Bolinger Welke & Kuntz, Kokomo, for Delmas H. Kirkendall, Personal Representative of Estate of Retha M. Kirkendall.

Pamela Carter, Atty. Gen., Terry G. Duga, Deputy Atty. Gen., Indianapolis, for Indiana Dept. of Natural Resources.


KIRSCH, Judge.

Danny Kirkendall (Danny) appeals from a trial court order construing his mother's will as leaving her entire estate to the Indiana Department of Natural Resources (DNR). We affirm.

ISSUES

We restate the issues for our review as:

1. Whether a failed residuary devise to Howard County should pass to the DNR as an alternate residuary devisee.

2. Whether a residuary devise to...

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