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TARR v. HICKS

No. 20411.

393 P.2d 557 (1964)

Florence Newby TARR, Plaintiff in Error, v. Ruth E. HICKS, Ralph H. Coyte, as Administrator with Will Annexed of the Estate of Bryant N. Newby, Jr., Deceased, the First National Bank of Longmont, Colorado, Executor of the Estate of Anna F. Newby, Deceased, George Newby, Lillian Gay, Grace Pruitt, Kate Ecton, C. A. Romigh, Helen Williamson, Estelle Johnston, and Lola Romigh, Defendants in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied July 13, 1964.

Attorney(s) appearing for the Case

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

Alden T. Hill, Fort Collins, for defendants in error, Ruth E. Hicks and Ralph H. Coyte as administrator with will annexed of Estate of Bryant N. Newby, Jr., Decd.

Reynolds & Connell, Carl W. Berueffy, Larry W. Moran, Boulder, for defendants in error, George Newby, Lillian Gay, Grace Pruitt, Kate Ecton, C. A. Romigh, Helen Williamson, Estelle Johnston and Lola Romigh.

HALL, Justice.

On March 13, 1933, Bryant N. Newby, Sr., (herein referred to as Newby, Sr.,) the then owner of valuable real property, by warranty deed conveyed the same to his wife, Anna F. Newby (herein referred to as Anna).

By this deed, if valid, Newby, Sr., divested himself of the ownership of said property. He died intestate and without property on May 16, 1937. At the time of his death he left as his heirs at law:

(1) His wife; (2...

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