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SUMMIT BANK v. QUAKE

No. 02A03-9305-CV-162.

631 N.E.2d 13 (1994)

SUMMIT BANK As Personal Representative of the Estate of Leona C. Case, Deceased, Appellant-Plaintiff below, v. Sally QUAKE, Appellee-Defendant below.

Court of Appeals of Indiana, Third District.

March 23, 1994.

Attorney(s) appearing for the Case

Trina Glusenkamp Gould, Helmke, Beams, Boyer & Wagner, Fort Wayne, for appellant.

John B. Powell, Shambaugh, Kast, Beck & Williams, Fort Wayne, for appellee.

STATON, Judge.

The personal representative of the estate of Leona Case, Summit Bank, appeals the trial court's judgment in favor of Sally Quake. Summit Bank raises four issues for our review which we consolidate into two and restate as follows:

I. Whether the trial court erred in failing to find that the facts in the present cause gave rise to a presumption of undue influence. II. Whether Quake was an incompetent witness pursuant to IND. CODE 34...

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