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IN RE ESTATE OF CARTER

No. 12A02-0104-CV-210.

760 N.E.2d 1171 (2002)

In re the ESTATE OF Lucile Rogers CARTER, Deceased, Roger Michael Carter, Appellant-Petitioner, v. Bank One Trust Company, N.A., Personal Representatives of the Estate of Lucile Rogers Carter, Deceased, And Trustee, of the James Cedric Carter Testamentary Trust, Marsha Baker, Anne Fenton Carter Carbonneau, Junior Harvey Brownfield, and Virgie Helen Brownfield, James Gregory Carter, Karen Lee Carter Ferenchak, Margaret Ann Carter Weber, Scott William Carter, Robert R. Carter, Appellees-Respondents.

Court of Appeals of Indiana.

January 16, 2002.

Attorney(s) appearing for the Case

James E. Ayres, Crawfordsville, IN, Attorney for Appellant.

John K. McBride, Cheryl M. Knodle, Lafayette, IN, Attorneys for Appellees.

OPINION

GARRARD, Senior Judge.

This appeal is from a determination by the Clinton Circuit Court that in her last will and testament Lucile Rogers Clark validly exercised a power of appointment given to her under the will of her deceased husband, James Cedric Carter. It is contended that the Clinton Circuit Court lacked jurisdiction to make the determination and that, in any event, the will of Lucile failed to exercise the power.

James Cedric Carter...

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