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ESTATE OF MALONEY v. CARSTEN

No. 3-1075A231.

381 N.E.2d 1263 (1978)

In the matter of the ESTATE OF Lena N. MALONEY, Deceased. Estate of Lena N. Maloney, Deceased, Everett R. Jones, Executor under the Last Will and Testament of Lena N. Maloney, Deceased, Marilyn Gaff, Mary Ellen McCormick, Bonnie Benward and John Benward, Beneficiaries under the Last Will and Testament of Lena N. Maloney, Deceased, Appellants (Defendants below), v. Betty Ann CARSTEN, Rose Maher, Jean Gump, Richard Maloney, Sharon Wood, Barbara Lowe, Mary Josine Zimmer, Josette Marie Concannon, Jocille Beaner, Jonita Ann Grawcock, Jo Clare Moody, Mike Maloney, Nick Maloney, Donald Maloney, Ronald Maloney, and Anna Marie Maloney, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Third District.

Rehearing Denied December 15, 1978.

Attorney(s) appearing for the Case

John W. Whiteleather, Sr., Whiteleather & Whiteleather, Benton E. Gates, Sr., James R. Heuer, Gates, Gates & McNagny, Columbia City, for appellants.

James R. Fleck, John S. Bloom, Bloom, Bloom & Fleck, Columbia City, for appellees.

STATON, Judge.

In 1951, John F. and Lena N. Maloney, as husband and wife, executed an instrument captioned "Joint Last Will and Testament." John died in 1955 and that instrument was probated shortly thereafter. In 1972, Lena executed yet another instrument entitled "Last Will and Testament." Following Lena's death in 1973, the second will was admitted to probate. Carsten et al. ("the claimants") filed a claim against Lena's estate contending that they were entitled...

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