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STATE v. ROGERS

No. 18176.

344 P.2d 1073 (1959)

STATE of Colorado, Plaintiff in Error, v. Emma Jane ROGERS, formerly Emma Jane Hanna; The International Trust Company, and Caroline Adelia Ballou, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 2, 1959.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., Frank E. Hickey, Deputy Atty. Gen., Neil Tasher, Asst. Atty. Gen., and Inheritance Tax Commissioner, Floyd B. Engeman, Asst. Atty. Gen., for plaintiff in error.

Charles R. Enos, Bernice M. Buchler, Denver, for defendant in error Emma Jane Rogers, formerly Emma Jane Hanna.

Hughes & Dorsey, Montgomery Dorsey, W. Clayton Carpenter, Thomas Keely, Denver, for defendant in error International Trust Co.

No appearance for defendant in error, Caroline Adelia Ballou.

SUTTON, Justice.

We shall refer to the parties by name rather than the order in which they appeared in the trial court or appear in this court.

Franklin Ballou, Sr. died on March 20, 1903, a resident of Colorado, leaving a last will and testament which created a testamentary trust. At his death Mr. Ballou left as his sole surviving heirs at law his wife May Scott Wilson Ballou; two sons Franklin Ballou, Jr. and Norris Pitcairn Ballou; and a daughter Una Ballou...

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