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IN THE MATTER OF ORTON

No. 18589.

355 P.2d 1089 (1960)

In the Matter of the ESTATE of Josephine Hoyer ORTON, Deceased. BOYS CLUB ASSOCIATION OF COLORADO SPRINGS AND VICINITY; The Manufacturers and Traders Trust Company and The University of Buffalo, Plaintiffs in Error, v. COLORADO SPRINGS NATIONAL BANK and John Conrad Atnip, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied October 31, 1960.

Attorney(s) appearing for the Case

Patrick M. Hinton, Colorado Springs, for plaintiff in error Boys Club Assn. of Colorado Springs and Vicinity.

Hoyt & Gallagher, Colorado Springs, for plaintiffs in error Manufacturers and Traders Trust Co. and University of Buffalo.

Robert H. La Grange, Colorado Springs, for defendant in error John Conrad Atnip.

Robert L. Spurgeon, Colorado Springs, for defendant in error Colorado Springs Nat. Bank.

PER CURIAM.

Mr. Justice Hall, Mr. Justice Day and Mr. Justice Frantz for affirmance.

Mr. Justice Moore, Mr. Justice Knauss and Mr. Justice Doyle for reversal.

Mr. Chief Justice Sutton does not participate.

The court, therefore, being evenly divided, the judgment is affirmed by operation...

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