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MERRILL v. STATE

No. 2642

73 Wyo. 58 (1954)

272 P.2d 597

BROWNIE BELLE MERRILL, Executrix of the Estate of LANDIS F. MERRILL, Deceased, and BROWNIE BELLE MERRILL, Sole Legatee and Devisee, Plaintiff and Petitioner, vs. DISTRICT COURT OF THE FIFTH JUDICIAL DISTRICT STATE OF WYOMING, HONORABLE DONALD J. HARKINS, as Judge of said Court, and BEVERLY CARPENTER, Defendants and Respondents.

Supreme Court of Wyoming

July 13, 1954

Attorney(s) appearing for the Case

The cause was submitted for the plaintiff and petitioner on the brief of Joseph Cavalli of Thermopolis, Wyoming, and Max D. Melville, Fred M. Winner, Edward E. Pringle, all of Denver, Colorado.

The cause was submitted for the defendants and respondents on the brief of Maurer Garst of Douglas, Wyoming, and Bowman, Erickson and Bowman of Denver, Colorado.

OPINION

BLUME, Chief Justice

This is an original proceeding in this court for a writ of prohibition. The facts are as follows: The last will and testament of Landis F. Merrill was duly admitted to probate in the district court of Hot Springs County on October 27, 1952. Brownie Belle Merrill is the sole legatee and devisee under the will and was also appointed executrix thereof. On March 13, 1952, and within six months...

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