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IN RE NEWBY'S ESTATE

No. 19086.

361 P.2d 622 (1961)

In the Matter of the ESTATE of Anna F. NEWBY, Deceased. Florence Newby TARR, Plaintiff in Error, v. George NEWBY, Lillian Gay, Grace Pruitt, Kate Ecton, Ruth E. Hicks, C. A. Romigh, Lola Romigh, Helen Williamson, Estelle Johnston, and The First National Bank of Longmont, Colorado, as Executor, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied May 22, 1961.

Attorney(s) appearing for the Case

Harry L. Silverman, Denver, for plaintiff in error.

Alden T. Hill, Ralph H. Coyte, William E. Smoke, Fort Collins, for defendant in error Ruth E. Hicks.

Wade P. Connell, Boulder, Carl W. Berueffy, Washington, D. C., Larry W. Moran, Boulder, of counsel, for defendants in error George Newby, Lillian Gay, Grace Pruitt, Kate Ecton, Ruth E. Hicks, C. A. Romigh, Lola Romigh, Helen Williamson, Estelle Johnston, and the First National Bank of Longmont, Colorado, as Executor.

FRANTZ, Justice.

In her last will and testament Anna F. Newby, who died April 8, 1957, gave and devised her property and estate to her two children, Bryant N. Newby, Jr. and Florence Newby Tarr, an undivided five-twentieths each; and to her five stepchildren, George Newby, May Romigh, Lillian Gay, Grace Pruitt and Kate Ecton, an undivided one-tenth interest each.

Bryant N. Newby, Jr. predeceased the testatrix, and left surviving his widow, Kathleen Newby,...

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