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Alberta Welsh Turner v. Cassandra E. Wells
State: Indiana
Court: Court of Appeals
Docket No: 44A03-0703-CV-135
Case Date: 12/07/2007
Preview:Pursuant to Ind.Appellate Rule 65(D), this Memorandum Decision shall not be regarded as precedent or cited before any court except for the purpose of establishing the defense of res judicata, collateral estoppel, or the law of the case.

ATTORNEY FOR APPELLANT: LATRIEALLE WHEAT Angola, Indiana

ATTORNEY FOR APPELLEE: RICHARD K. MUNTZ LaGrange, Indiana

IN THE COURT OF APPEALS OF INDIANA
ALBERTA WELSH TURNER, as Personal Representative of the Estate of Gaylord Turner, Appellant-Defendant, vs. CASSANDRA E. WELLS, Appellee-Plaintiff. ) ) ) ) ) ) ) ) ) )

No. 44A03-0703-CV-135

APPEAL FROM THE LAGRANGE CIRCUIT COURT The Honorable Robert C. Probst, Senior Judge Cause No. 44C01-0507-MI-17

December 7, 2007 MEMORANDUM DECISION - NOT FOR PUBLICATION

RILEY, Judge

STATEMENT OF THE CASE

Appellant-Defendant, Alberta Welsh Turner (Alberta), the personal representative of the estate of Gaylord Turner (Turner), appeals the trial court's judgment ordering the estate's distribution according to the terms of Turner's will dated October 10, 2002, as opposed to Turner's will dated October 26, 2004. We affirm.
ISSUES

Alberta presents four issues, which we consolidate and restate as the following three issues: (1) Whether the trial court's designated findings of fact are in reality a summary of testimony that require a remand for findings of fact; (2) Whether the trial court's findings of isolation and undue influence are supported by sufficient evidence; and (3) Whether the complaint filed by Appellee-Plaintiff, Cassandra Wells (Cassandra), satisfied the requirements of Ind. Code
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