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FITCH v. MAESCH

No. 83A05-9610-CV-441.

690 N.E.2d 350 (1998)

Paul A. FITCH, Appellant-Plaintiff, v. Virginia I. MAESCH, Individually and as Special Administrator of the Estate of Hazel B. Canady, Deceased, and Warren Lee Fitch, Appellees-Defendants.

Court of Appeals of Indiana.

January 13, 1998.

Attorney(s) appearing for the Case

Keith L. Johnson, Johnson Simonson & Himes, Terre Haute, James O. Hanner, Hanner Hanner & Hanner, Rockville, for Appellant-Plaintiff.

John B. Buchanan, James P. Buchanan, Buchanan & Buchanan, Lebanon, for Appellees-Defendants.

OPINION

SHARPNACK, Chief Judge.

Paul Fitch appeals the trial court's judgment admitting the last will and testament of Hazel B. Canaday to probate. Fitch raises two issues for our review which we expand and restate as:

(1) whether the probate of the will could be supported by testimony on the habit and routine practice of Canaday's deceased attorney;

(2) whether the probate of the will could be supported where an attesting witness lacks memory...

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