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CLARKSON v. WHITAKER

No. 41A05-9408-CV-00337.

657 N.E.2d 139 (1995)

C. Jack CLARKSON and Mary Carolyn Kinder Hartman, Appellants-Defendants, v. Lorene WHITAKER, Appellee-Plaintiff.

Court of Appeals of Indiana.

Rehearing Denied December 20, 1995.

Attorney(s) appearing for the Case

Robert G. Gulde, Rushville, for appellants.

Ronald C. Smith, William N. Ivers, Mark E. Wirey, Stewart & Irwin, Indianapolis, for appellee Michael J. Kias, Executor of E. Lorene Whitaker, Deceased.

Stephen L. Huddleston, Franklin, for Jack D. Frank, Trustee of the Lorene Whitaker Trust.

OPINION

SHARPNACK, Chief Judge.

C. Jack Clarkson and Mary Carolyn Kinder Hartman appeal the trial court's judgment in favor of the defendant-appellees, Michael J. Kias as executor of the estate of Lorene Whitaker and Jack D. Frank as trustee of the Lorene Whitaker trust. Appellants raise two issues for review which we restate as follows:

1. whether the trial court properly determined the will did not create an irrevocable contract; 2....

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