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CHURCHFIELD v. FIRST NATIONAL BANK OF SHERIDAN

No. 3528.

418 P.2d 1001 (1966)

Martin CHURCHFIELD, Leo Churchfield, Philip Churchfield, Mary Churchfield Titus and Catherine Churchfield Palmer, heirs and as members of the class of the heirs at law of Katherine Elizabeth Hughes, deceased, Appellants (Defendants below), Thomas Hammond, Edith Dawdy, Josephine House and Geraldine Vandenberg, legatees and devisees under the Last Will and Testament of Katherine Elizabeth Hughes, deceased, Appellees (Defendants below), v. FIRST NATIONAL BANK OF SHERIDAN, Wyoming, Executor of the Estate of Katherine Elizabeth Hughes, deceased, (Plaintiff below).

Supreme Court of Wyoming.

October 19, 1966.

Attorney(s) appearing for the Case

Halsey, Whitley & Liamos, by Edward S. Halsey, Newcastle, for appellants.

Henry A. Burgess by Robert J. Oberst, Sheridan, for appellees.

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

Mr. Justice HARNSBERGER delivered the opinion of the court.

This appeal involves the interpretation to be given certain clauses of a will where the testament, after devising and bequeathing the whole estate to the spouse, provided:

"THIRD: In the event my husband, Thomas W. Hughes, predeceases me, or dies on the same occasion with me, then I give, devise and bequeath the residue and remainder of my estate as follows: "(a) One-fifth thereof to my...

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