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WILSON v. MARTINEZ

No. 2730

76 Wyo. 196 (1956)

301 P.2d 785

FRANCES IRENE WILSON Plaintiff and Respondent vs. CASIA D. MARTINEZ and JOSEPHINE THOMPSON, Executrixes of the Estate of CATHERINE PHELAN, Deceased, Defendants and Appellants.

Supreme Court of Wyoming

September 24, 1956

Attorney(s) appearing for the Case

For the defendants and appellants the cause was submitted upon the brief of Greenwood & Ferrall of Cheyenne, Wyoming, James E. Barrett, Lusk, Wyoming, and A.R. McMicken, Rawlins, Wyoming, and oral argument by Mr. Bard Ferrall.

For the plaintiff and respondent the cause was submitted upon the brief of Lathrop & Lathrop, and James A. Tilker all of Cheyenne, Wyoming, and oral argument by Mr. Carleton A. Lathrop.

Heard before Blume, Chief Justice, Harnsberger, Justice, and McAvoy, District Judge.

OPINION

Mr. Justice Harnsberger delivered the opinion of the court.

Harry Phelan, father of the plaintiff, died on April 15, 1917, and his widow, Catherine, the plaintiff's mother, was appointed as administratrix of his estate. On May 18, 1920, the court entered its "Order of Final Settlement and Distribution", wherein the accounts of the administratrix were finally approved and settled, and a finding made that the estate of the deceased consisted of ninety...

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