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GODAY v. ESTATE OF GOLDBERG

No. 21203.

424 P.2d 762 (1967)

Marlissa K. GODAY, by her next friend, Mother and natural guardian, Gladys Albright, Plaintiff in Error, v. ESTATE of Nathan GOLDBERG, also known as Nathan E. Goldberg, Deceased, Defendant in Error.

Supreme Court of Colorado, In Department.

March 13, 1967.

Attorney(s) appearing for the Case

Samuel J. Eaton, Denver, for plaintiff in error.

Sterling & Sterling, Denver, for defendant in error.

MOORE, Chief Justice.

One Nathan Goldberg died on July 6, 1963, leaving a will dated February 1, 1958, which was admitted to probate on August 12, 1963. Provisions of the will which are pertinent to this controversy are as follows:

"I give and bequeath the sum of Five Thousand dollars ($5,000.00) to each of my lawfully begotten grandchildren living at the time of my death, specifically excepting, however, any children born to my son, Maurice L. Goldberg,...

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