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IN RE ESTATE OF FLANIGAN

No. C-12.

488 P.2d 897 (1971)

In the Matter of the ESTATE of Frank Roy FLANIGAN, a/k/a Frank R. Flanigan, a/k/a F. R. Flanigan, Deceased. Dan M. FLANIGAN, Beneficiary under the Will and Son of Frank Roy Flanigan, Deceased, Appellant, v. Gerald F. FLANIGAN, Executor of the Estate of Frank Roy Flanigan, and Edith G. Flanigan, surviving spouse of Frank Roy Flanigan, Appellees.

Supreme Court of Colorado, En Banc.

September 13, 1971.

Attorney(s) appearing for the Case

Phillips & Gresham, Tom Stifler, Colorado Springs, for Dan M. Flanigan.

Tarter & Tarter, Colorado Springs, for Gerald F. Flanigan.

Spurgeon, Aman & Hanes, Richard Hanes, Colorado Springs, for Edith G. Flanigan.

KELLEY, Justice.

This appeal was originally lodged in the Court of Appeals. It is here by virtue of a C.A.R. 50 transfer. The sole issue being litigated relates to the construction of the will of Frank R. Flanigan, deceased. The following two paragraphs of the will create the dispute to be resolved:

"SEVENTH: I hereby give,devise and bequeath unto my beloved wife, EDITH G. FLANIGAN, to have and to hold as her sole...

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