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MOORE v. CITY AND COUNTY OF DENVER

No. 17693.

292 P.2d 986 (1956)

O. Otto MOORE, Ira Rothgerber, Jr., Frank E. Hickey, Guy R. Justis, and C. Edgar Kettering, Collectively the Board of Trustees of the George W. Clayton College, Plaintiffs in Error, v. CITY AND COUNTY OF DENVER, a Municipal Corporation, As Trustee of the Estate of George W. Clayton, Deceased; Quigg Newton, A. S. Broadhead and Robert S. McCollum, Ex-officio the Clayton Trust Commission of the City and County of Denver; and Duke W. Dunbar, Attorney General of the State of Colorado, Defendants in Error.

Supreme Court of Colorado, En Banc.

January 30, 1956.

Attorney(s) appearing for the Case

Alex B. Holland, Denver, for plaintiffs in error.

Duke W. Dunbar, Atty. Gen., Floyd B. Engeman, Asst. Atty. Gen., for defendants in error.

HOLLAND, Justice.

George W. Clayton died in Denver on the 15th day of August, 1899 leaving a last will and testament that was drawn in 1892, which was admitted to probate in due course in what is now the county court of the City and County of Denver.

The testator made certain bequests and disposed of the residue of his property, amounting to several million dollars by creating and establishing a general public charitable trust, under what is designated as...

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