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GIBBS v. KASHAK

No. 64A03-0706-CV-288.

883 N.E.2d 825 (2008)

Sally GIBBS, Individually and as Beneficiary To the Eileen T. Kashak Family Trust, a Subtrust of the Eileen T. Kashak Living Trust dated June 22, 1999 and as Beneficiary to the Norbert L. Kashak Living Trust dated June 22, 1999, Appellant-Petitioner, v. Jack David KASHAK, Individually and as Successor Trustee of the Eileen T. Kashak Family Trust, a Subtrust of the Eileen T. Kashak Living Trust dated June 22, 1999 and as Successor Trustee of the Norbert L. Kashak Living Trust dated June 22, 1999, Appellee-Respondent.

Court of Appeals of Indiana.

March 31, 2008.

Attorney(s) appearing for the Case

Brian J. Hurley, Valparaiso, IN, Attorney for Appellant.

Donald W. Rice, Portage, IN, Attorney for Appellee.

OPINION

MAY, Judge.

Sally Gibbs and Jack David Kashak are siblings and the beneficiaries of their parents' trusts. Jack served as trustee until he was removed by court order on August 5, 2005. Sally filed suit seeking partition of land held by the trust and damages from Jack for breach of fiduciary duty. Sally wanted the land sold and the proceeds divided. Instead, the trial court ordered the land divided. It also denied Sally's claim for damages. We affirm...

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