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ESTATE OF KITTERMAN v. PIERSON

No. 05A02-9508-CV-469.

661 N.E.2d 1255 (1996)

In the Matter of the ESTATE OF Clara C. KITTERMAN, Deceased, Appellant-Plaintiff, v. Mary H. PIERSON, Appellee-Defendant.

Court of Appeals of Indiana.

Rehearing Denied June 4, 1996.

Attorney(s) appearing for the Case

Robert J. Barry, Kevin N. Basey, Hartford City, for Appellant.

Robert G. Forbes, Forcum and Forbes, Hartford City, for Appellee.

OPINION

FRIEDLANDER, Judge.

In this interlocutory appeal, the Estate of Clara C. Kitterman challenges the trial court's denial of the Estate's motion to dismiss a will contest filed by Mary M. Pierson.

We reverse.

The facts most favorable to Pierson, the nonmovant, are that on November 4, 1994, three days after Kitterman's death, Citizens First State Bank as the personal representative of the Kitterman Estate filed a petition for probate...

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