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IN RE ESTATE OF ARMSTRONG

No. 11090.

440 P.2d 881 (1968)

21 Utah 2d 86

In the Matter of the ESTATE of Catharine ARMSTRONG, also known as Catharine E. Armstrong, and as Catharine Mayo, and being one and the same person, Deceased. Leroy MAYO, Plaintiff and Appellant, v. C. Henry K. LOGAN, Executor, Defendant and Respondent.

Supreme Court of Utah.

May 2, 1968.

Attorney(s) appearing for the Case

W.C. Lamoreaux, of Lamoreaux & Gibson, Salt Lake City, for appellant.

S.J. Sweetring, Price, for respondent.

TUCKETT, Justice:

Catharine Armstrong, a widow without issue, executed a will on June 18, 1965. She married Leroy Mayo on January 29, 1967, and died on July 24, 1967. C. Henry K. Logan, the executor named in the will, petitioned the court below to admit the will to probate. Leroy Mayo, surviving husband of the deceased, objected to the admission of the will to probate and from an adverse order has appealed to this court.

Mayo here contends that the will of...

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