Malachowski v. Bank One, Indianapolis, N.A.

OPINION

DARDEN, Judge.

STATEMENT OF THE CASE

Louise Noel Malachowski, Nancy Noel Ko-sene, H. Jerome Noel, Jr., Irma Noel Rand, Carol Noel Fleming, William H. Failey, Jr. and John Noel Failey (the Beneficiaries) appeal from the trial court’s judgment in their breach of trust and fraud action against Bank One, Indianapolis, N.A. We affirm.

ISSUES1

1.Whether reversal is required because the trial court’s findings are in irreconcilable conflict.

2. Whether the trial court’s conclusion that Bank One’s diversification action was proper is erroneous when the court also found that Bank One misrepresented…