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STATE v. FISCH'S ESTATE

No. 20574.

387 P.2d 282 (1963)

STATE of Colorado et al., Plaintiff's In Error, v. ESTATE of Theresa C. FISCH, Deceased, et al., Defendants In Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied December 23, 1963.

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, E. J. O'Brien II, Asst. Atty. Gen., for plaintiffs in error.

Smith, Pyle, Johnson & Makris, Denver, for defendant in error American Lutheran Church.

SUTTON, Justice.

Decedent Theresa C. Fisch's Last Will and Testament dated August 5, 1955 bequeathed under Paragraph "Eighth: To the Grace Lutheran Sanatorium of San Antonio, Texas * * * the sum of Three Thousand Dollars"; and by paragraph "Sixteenth" she devised and bequeathed the remainder of her estate equally to eleven named charitable organizations including said Sanatorium.

Mrs. Fisch died April 26, 1961 and her will was offered for probate and admitted...

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