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IN RE EITELJORG

No. 49A02-1005-TR-485.

951 N.E.2d 565 (2011)

In the Matter of the Trust of Harrison EITELJORG, Roger Eiteljorg and John Lienhart, Appellants-Defendants, v. Harrison Eiteljorg II and Jack M. Eiteljorg, Appellees-Plaintiffs.

Court of Appeals of Indiana.

June 27, 2011.

Attorney(s) appearing for the Case

Richard A. Smikle , Brian J. Paul , Ice Miller LLP, Indianapolis, IN, Attorneys for Appellants.

Vicki L. Anderson , Mark S. Alderfer , Joseph M. Hendel , Hackman Hulett & Cracraft, LLP, Indianapolis, IN, Attorneys for Appellees.

OPINION

VAIDIK, Judge.

Case Summary

This is a probate dispute between trustees and beneficiaries. The beneficiaries initiated suit against the trustees alleging a breach of duty to administer the subject trust according to its terms, specifically for failing to distribute a portion of the trust corpus in a timely manner. The probate court found the trustees liable and awarded damages and attorney's fees to the beneficiaries. The trustees appeal...

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