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KENNEDY v. BAILEY

No. 23121.

453 P.2d 808 (1969)

John M. KENNEDY, III, Benjamin F. Greathouse, Tillie G. Brown, Elizabeth G. Proctor, Elsie G. Talbot, Jessie Greathouse and Carolyn G. Miller, Plaintiffs in Error, v. Clarence W. BAILEY, Jr., and Beatrice Bailey Schmock, Defendants in Error.

Supreme Court of Colorado. In Department.

April 28, 1969.

Attorney(s) appearing for the Case

Charles S. Thomas, Clayton H. Morrison, Aurora, R. Russell Grant, Winchester, Ky., V. G. Seavy, Jr., Denver, for plaintiffs in error.

Peter L. Garrett, Ranger Rogers, Denver, for defendants in error.

MOORE, Justice.*

The controversy between the litigants in this case is here for the second time. Part of the factual background involved in this writ of error appears in Bailey v. Kennedy, 162 Colo. 135, 425 P.2d 304. In brief summary, those facts are that Morrison K. Bailey died in 1930 leaving a will in which his wife Katherine was named beneficiary of a testamentary trust. She also was given a testamentary...

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