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DAVIS v. MADDOX

No. 22560.

457 P.2d 394 (1969)

Maude Bessie DAVIS, Successor Trustee under the William C. Maddox Will, Plaintiff in Error, v. Earl C. MADDOX, Individually, and as Trustee under the William C. Maddox Will; Earl C. Maddox, Jr.; M and M Ice Vending Company, a Colorado corporation; and Ice Service Company, a Colorado corporation, Defendants in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied August 25, 1969.

Attorney(s) appearing for the Case

J. Bayard Young, Leonard P. Plank, Denver, for plaintiff in error.

Ralph A. Cole, Robert A. Schiff, Thomas C. Singer, Denver, for defendants in error.

Donald A. Klene, William J. Caskins, Jr., Denver, amici curiae.

GROVES, Justice.

The writ of error involved here is addressed to the action of the trial court in sustaining motions to dismiss and strike an amended complaint in intervention by a successor testamentary trustee. The facts which we set forth are in reality allegations contained in this amended complaint and in the complaint in the principal action.

The last will and testament of William C. Maddox, deceased, was admitted to probate on August 3, 1942. It provided...

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