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WILEY v. McSHANE

No. 64A05-0702-CV-109.

875 N.E.2d 273 (2007)

Peggy WILEY, Appellant-Plaintiff, v. Doris Mae McSHANE, as Personal Representative of the Estate of Martha Ellen Wiley, deceased; Doris Mae McShane, individually; and Fred Eugene McShane, Appellees-Defendants.

Court of Appeals of Indiana.

October 22, 2007.

Attorney(s) appearing for the Case

Jeffrey Wrage, Richard J. Rupcich, Blachly, Tabor, Bozik & Hartman, Valparaiso, IN, Attorneys for Appellant.

Steven W. Handlon, Margaret A. Williford, Handlon & Handlon, Portage, IN, Attorneys for Appellees.

OPINION

KIRSCH, Judge.

Peggy Wiley appeals the trial court's order that required her to file a bond, pursuant to IC 29-1-7-19, after she filed a complaint challenging the validity of her deceased mother's last will and testament. She raises five issues, but we find the following restated issue dispositive: whether the trial court abused its discretion when it set the will contest bond at $75,000.

We reverse and remand.

FACTS AND PROCEDURAL...

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