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IN RE ESTATE OF DARBY

No. 472A166.

289 N.E.2d 542 (1972)

In the matter of the ESTATE OF Susanna I. DARBY, Deceased. Pamela Hellstrom and Evelyn Johnson Browne, Petitioners-Appellants, v. Estate of Susanna I. Darby et al., Respondents-Appellees.

Court of Appeals of Indiana, First District.

Rehearing Denied January 12, 1973.

Attorney(s) appearing for the Case

John R. Burke, Jr., Evansville, for petitioners-appellants; Bamberger, Foreman, Oswald & Hahn, Evansville, of counsel.

F. Wesley Bowers, Michael L. Rogers, Fitzgerald, Bowers, Harrison & Kent, David V. Miller, Frick, Powell & Miller, Evansville, for respondents-appellees.

ROBERTSON, Presiding Judge.

The appellant-petitioners (Hellstrom and Browne) are appealing the decision of the trial court which construed provisions of a will in a manner adverse to their interests.

Hellstrom and Browne are income beneficiaries of trusts created by the decedent's will. The particular item of the will creating the trust, reads:

"ITEM THREE I give and bequeath to the OLD NATIONAL BANK IN EVANSVILLE, EVANSVILLE, INDANA, IN...

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