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HARTT v. HARTT

Nos. 2684 and 2685.

75 Wyo. 305 (1956)

295 P.2d 985

In the matter of the Estate of JOHN K. HARTT, Deceased, CLARENCE A. BRIMMER and ROBERT BIBLE, Executors of the Estate of JOHN K. HARTT, Deceased; CLARENCE A. BRIMMER and ROBERT BIBLE, as designated Trustees under the Last Will and Testament of JOHN K. HARTT, Deceased; and MARJORIE HIGLEY, Appellants, vs. PEARL HARTT, PEARL HOLMQUIST, MARIE HARRISON, FRANCES LOUISE MITCHELL, CATHERINE KEFFELER and DOROTHY OKEY, Respondents. PEARL HARTT, Plaintiff and Respondent, vs. CLARENCE A. BRIMMER and ROBERT BIBLE, Executors of the Estate of JOHN K. HARTT, Deceased; CLARENCE A. BRIMMER and ROBERT BIBLE, as designated Trustees under the Last Will and Testament of JOHN K. HARTT, Deceased, Defendants and Appellants, PEARL HOLMQUIST, MARIE HARRISON, FRANCES LOUISE MITCHELL, CATHERINE KEFFELER and DOROTHY OKEY, Defendants and Respondents, and MARJORIE HIGLEY, Defendant and Appellant.

Supreme Court of Wyoming.

April 10, 1956.

Attorney(s) appearing for the Case

For the appellants Brimmer and Bible, as executors, in each case, the causes were submitted upon the brief of Clarence A. Brimmer, Jr., of Rawlins, Wyoming, and Lathrop & Lathrop of Cheyenne, Wyoming, and oral argument by Mr. Carleton A. Lathrop and Mr. Clarence A. Brimmer, Jr.

For the appellant Marjorie Higley in each case, the causes were submitted upon the brief of Smith & Nicholas of Lander, Wyoming, and oral argument by Mr. W.A. Smith.

For the respondents in each case, the causes were submitted upon the brief of Pence & Millett of Laramie, Wyoming; Senior & Senior of Salt Lake City, Utah; and Johnson & Miles of Rawlins, Wyoming; and oral argument by Mr. Alfred M. Pence and Mr. George J. Millett.

OPINION

BLUME, Chief Justice.

John K. Hartt of about 78 years of age, hereinafter named generally as the testator, made his last will and testament on March 14, 1951. We shall set out only the essential parts involved in this case. In paragraph 3 he provided:

"I give, devise and bequeath all of my property, real, personal and mixed, whereof I may die seized or possessed, wheresoever situate and of whatsoever kind, after the payment of all of my just...

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