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IN RE ESTATE OF ROBERTSON

No. 52A05-0604-CV-190.

859 N.E.2d 772 (2007)

In The Unsupervised ESTATE of Julianna Sharp ROBERTSON. James Nye, Appellant-Petitioner, v. Lynn D. Robertson, Appellee-Respondent.

Court of Appeals of Indiana.

January 12, 2007.

Attorney(s) appearing for the Case

David W. Stone IV, Stone Law Office, Anderson, IN, Attorney for Appellant.

Robert A. Spahr, Timothy P. Spahr, Peru, IN, Attorneys for Appellee.

OPINION

SULLIVAN, Judge.

Appellant-Petitioner, James Nye, challenges the trial court's order invalidating a testamentary trust provision in his mother's will as an illegal restraint of marriage and awarding his step-father, Appellee Lynn Robertson, a life-estate in the real estate at issue. Upon appeal, Nye argues that the trial court's invalidation of the provision and award of a life estate to Robertson was...

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