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  5. 844 N.E.2d 170 (2006)
 

IN RE BENDER

No. 53A01-0411-CV-473.

844 N.E.2d 170 (2006)

In the Matter of the Supervised Estate of David A. BENDER, Deceased Paul E. Bender, Appellant, v. Brian D. Bender and Monroe Bank, as Trustee, Appellees.

Court of Appeals of Indiana.

Rehearing Denied June 20, 2006.

Attorney(s) appearing for the Case

Peter J. Rusthoven, Bart A. Karwath, Mark J. Crandley, Paul L. Jefferson, Barnes & Thornburg LLP, Indianapolis, for Appellant.

Angela S. Cash, Jeffrey S. Toole, Scopelitis, Garvin, Light & Hanson, Indianapolis, for Appellees.

OPINION

KIRSCH, Chief Judge.

Paul E. Bender ("Paul"), as personal representative in the supervised Estate of David A. Bender (the "Estate"), appeals the probate court's1 entry of partial summary judgment in favor of David's son, Brian D. Bender ("Brian"), and Monroe Bank ("Trustee"), as Trustee of the David A. Bender Irrevocable Trust for the benefit of Brian.2 On appeal the parties raise the following...

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