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IN RE ZELL'S ESTATE

No. 18525.

351 P.2d 272 (1960)

Matter of the ESTATE of Edward S. ZELL, Deceased. Mrs. F. E. BROWNE, Frederika B. Jones, Kathryn B. Olson, and Elizabeth D. Browne, as Contingent or remainder Beneficiaries, Plaintiffs in Error, v. Alice McCarty ZELL, Petitioner, and The First National Bank of Colorado Springs, as Executor, Defendants in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied May 2, 1960.

Attorney(s) appearing for the Case

Murray, Baker & Wendelken, Colorado Springs, for plaintiffs in error.

Thomas M. Burgess, Colorado Springs, for defendant in error Alice McCarty Zell, petitioner.

David P. Strickler, Colorado Springs, for defendant in error First National Bank of Colorado Springs.

SUTTON, Chief Justice.

This proceeding is based upon a petition filed with the County Court of El Paso County, Colorado, by Alice McCarty Zell, defendant in error, for construction of Article III of the last will and testament of Edward S. Zell, Deceased. Plaintiffs in error are the remaindermen named in Article III of said will and seek reversal of the decision of the county court holding that Mrs. Zell was vested with an absolute fee simple estate in and to all...

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