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O'BRIEN v. WALLACE

No. 19033.

359 P.2d 1029 (1961)

Frank O'BRIEN, proponent, and as Executor, legatee, and devisee of the Last Will and Testament of May A. Paige, deceased, Plaintiff In Error, v. Lee WALLACE, individually, and as Administrator of the Estate of May A. Paige, deceased, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied March 20, 1961.

Attorney(s) appearing for the Case

Foster Cline, Carl Cline, Denver, for plaintiff in error.

Dickerson, Morrissey & Dwyer, Denver, for defendant in error.

PER CURIAM.

The parties appear here in reverse order of their appearance in the trial court where plaintiff in error, to whom we will refer as O'Brien or proponent, sought to have admitted to probate a document purporting to be the last will of May A. Paige. Defendant in error, to whom we will refer as Wallace or caveator, appeared and contended that said document was not the last will of May A. Paige for two reasons, in substance as follows:

1. That the...

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