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IN RE TRUST CREATED UNDER MITCHELL

No. 22A05-0208-CV-361.

788 N.E.2d 433 (2003)

In the Matter of the TRUST CREATED UNDER the LAST WILL AND TESTAMENT OF John E. MITCHELL, Deceased. PNC Bank, Appellant-Respondent, v. Robert Snoddy and Mark Snoddy, Appellees-Petitioners.

Court of Appeals of Indiana.

Publication Ordered April 29, 2003.

Attorney(s) appearing for the Case

Michael F. Ward, Ward Tyler & Scott, New Albany, IN, Attorney for Appellant.

Eric A. Manterfield, Rodney S. Retzner, Kreig DeVault LLP, Indianapolis, IN, Attorneys for Appellees.

OPINION

BARNES, Judge.

Case Summary

PNC Bank, as trustee of the John E. Mitchell Trust ("the Trust"), appeals the trial court's denial of reimbursement from the Trust for attorney fees incurred in defending an action brought by brothers Robert and Mark Snoddy, the Trust's beneficiaries, to prematurely terminate the Trust or to remove PNC as trustee. We affirm.

Issue

The sole restated issue before us is whether the trial court...

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