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FRANCES SLOCUM BANK v. MARTIN

No. 85A05-9508-CV-305.

666 N.E.2d 411 (1996)

FRANCES SLOCUM BANK AND TRUST COMPANY, Appellant-Plaintiff, v. In the Matter of The ESTATE OF Max D. MARTIN, Terry D. Martin, II, Executor, Appellee-Defendant.

Court of Appeals of Indiana.

May 29, 1996.

Attorney(s) appearing for the Case

Alfred H. Plummer, III, Wabash, for appellant.

Jon M. Myers, Starr Austen Tribbett & Myers, Logansport, for appellee.

OPINION

BARTEAU, Judge.

Frances Slocum Bank and Trust Co. ("Bank") appeals the summary judgment granted in favor of the personal representative of the Estate of Max D. Martin ("Estate"), raising three issues that we state as:

1. Whether the failure to record the disclaimer of interest rendered the disclaimer invalid? 2. Whether the disclaimer was not effective because the interest was encumbered before the disclaimer was filed? ...

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