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NICHOLS v. ESTATE OF TYLER

No. 45A04-0811-CV-640.

910 N.E.2d 221 (2009)

James NICHOLS, Appellant-Respondent, v. ESTATE OF TYLER, Appellee-Petitioner.

Court of Appeals of Indiana.

July 28, 2009.

Attorney(s) appearing for the Case

David E. Braatz, Crown Point, IN, Attorney for Appellant.

Richard M. Davis, Kevin G. Kerr, Hoeppner Wagner & Evans, LLP, Valparaiso, IN, Attorneys for Appellee.

OPINION

BROWN, Judge.

James Nichols appeals a judgment in favor of Maureen Utley, personal representative of the Estate of Ernest M. Tyler. Nichols raises two issues, which we revise and restate as:

I. Whether the trial court erred when it concluded that Ernest Tyler was incompetent on February 8, 2005 to convey real property; and II. Whether the trial court erred by determining that Nichols failed to rebut the presumption of undue influence...

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