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LEONHART v. DISTRICT COURT

No. 18429.

329 P.2d 781 (1958)

George D. LEONHART, as Executor of the Estate of Harry A. Weston, Deceased, Petitioner, v. The DISTRICT COURT OF THE THIRTEENTH JUDICIAL DISTRICT IN AND FOR THE COUNTY OF SEDGWICK, State of Colorado, and Elvin Emery Bushnell, Respondents.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 29, 1958.

Attorney(s) appearing for the Case

G. E. Hendricks, Julesburg, Wilbur M. Alter, Denver, for petitioner.

Vincent Cristiano, Robert Bugdanowitz, Denver, and H. Vance Austin, Sterling, for respondent Elvin Emery Bushnell.

FRANTZ, Justice.

By an original proceeding for writ in the nature of prohibition, George D. Leonhart, as executor of the estate of Harry A. Weston, deceased, seeks an order from this court restraining and prohibiting the District Court of the Thirteenth Judicial District in and for Sedgwick County, Colorado, and Elvin Emery Bushnell, from continuing further with a caveat and objections filed against the last will and codicil of the deceased in ancillary probate proceedings...

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