MORROW v. DIEFENDERFER

No. 3150.

384 P.2d 601 (1963)

Robert H. MORROW, Executor of the Estate of Lulu Diefenderfer, deceased, Appellant (Defendant below), v. Raymond G. DIEFENDERFER, Sr., on behalf of himself and all others similarly situated, Appellee (Plaintiff below).

Supreme Court of Wyoming.

August 19, 1963.


Attorney(s) appearing for the Case

Robert E. Holstedt and William K. Archibald, Sheridan, for appellant.

R.G. Diefenderfer, Sheridan, for appellee.

Before PARKER, C.J., and HARNSBERGER, GRAY, and McINTYRE, JJ.


Mr. Chief Justice PARKER delivered the opinion of the court.

A nephew of Alf Diefenderfer, deceased, on behalf of himself and others similarly situated challenged the constitutionality of § 2-47, W.S. 1957, after the executor of Diefenderfer's surviving spouse had elected to take under the provisions of the statute in lieu of the will. Plaintiff filed a motion for summary judgment supported by affidavit, and on hearing the trial judge found there was no genuine...

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