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MATTER OF ESTATE OF DEVINE

No. 27A04-9208-CV-280.

628 N.E.2d 1227 (1994)

In the matter of the Estate of David H. Devine, Jr. Summit Bank, Administrator, Appellant, v. CAROLYN DEVINE ELLIS, Appellee.

Court of Appeals of Indiana, Fourth District.

February 1, 1994.

Attorney(s) appearing for the Case

Michael D. Conner, Mark E. Spitzer, Browne Spitzer Herriman Browne Stephenson & Holderead, Marion, for appellant.

William R. Clifford, Anderson, for appellee.

MILLER, Judge.

David H. Devine, Jr. died owing $170,000.00 to Star Financial Bank for a loan that was secured by a mortgage on his mortuary. He had also given Star Bank a general assignment of his life insurance policy that named his sister, Carolyn Devine-Ellis, beneficiary. Apparently, the assignment was additional collateral for the mortgage which pre-existed the assignment.1 Appellant's Brief p. 4. After his death, Star Bank elected...

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