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SPATHARIOTIS v. SPATHAS ESTATE

No. 20510.

398 P.2d 39 (1964)

Georgi SPATHARIOTIS, Plaintiff in Error, v. ESTATE OF James SPATHAS, deceased, Virgil F. Smith, Executor of the Estate of James Spathas, deceased, Helen Spathas, Defendants in Error.

Supreme Court of Colorado. En Banc.

As Modified on Denial of Rehearing January 25, 1965.

Attorney(s) appearing for the Case

George J. Francis, Frances DeLost, Denver, for plaintiff in error.

M. Keith Singer, Denver, for defendant in error Virgil F. Smith, Executor.

Rothgerber, Appeal & Powers, Denver, for defendant in error Helen Spathas.

McWILLIAMS, Chief Justice.

This writ of error involves the construction to be given a will and the precise issue is whether the will contains a devise by implication.

James Spathas died on August 15, 1960, leaving a last will and testament which contained the following provisions, among others:

"* * *

"II. I give, devise and bequeath to my trustee hereinafter named, in trust nevertheless, the business properties known and numbered 828, 830...

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