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IN RE HUBBS' ESTATE

No. 19680.

365 P.2d 543 (1961)

In the Matter of the ESTATE of Alvin Steward HUBBS, also known as Alvin S. Hubbs and Alvin Hubbs. Frances HUBBS, Willard Hubbs and Elaine Rosamond Goldberg, Plaintiffs in Error, v. Fred HUBBS, Grace Chenoweth, Olive Leonard, Thelma Cowles, Florence Beyer, Norma Wilson, Dorothy Rankin and Lucille Turecek, individually and as Administratrix C.T.A. of the Estate of Alvin Steward Hubbs, Deceased, Defendants in Error.

Supreme Court of Colorado. In Department.

Rehearing Denied October 30, 1961.

Attorney(s) appearing for the Case

Hayutin and Hayutin, Denver, for plaintiffs in error.

Southard and Southard, Greeley, for defendant in error Fred Hubbs.

Cross and Christensen, Loveland, for defendant in error Grace Chenoweth.

Robert M. McCreary, Loveland, for defendants in error Olive Leonard, Thelma Cowles, Florence Beyer, Norma Wilson and Dorothy Rankin.

FRANTZ, Justice.

In a hearing on a petition to construe a will the trial court refused to receive extrinsic evidence to ascertain the intent of the testator. The trial court conceived the instrument to be plain and unambiguous, containing words having in law a well-accepted and defined meaning, leaving nothing for the court to do but follow the import of the language employed. Was the ruling of the trial court erroneous?

Alvin Steward Hubbs executed his will...

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