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STATE v. BUTLER

No. 70-460.

491 P.2d 102 (1971)

The STATE of Colorado, Colorado State Hospital, Charles E. Meredith, M.D., Superintendent, Plaintiffs-Appellants, v. The ESTATE of James BUTLER, a/k/a James Austin Butler, Ward, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

November 23, 1971.

Attorney(s) appearing for the Case

Duke W. Dunbar, Atty. Gen., John D. Moore, Deputy Atty. Gen., Richard D. Robb, Asst. Atty. Gen., Denver, for plaintiffs-appellants.

Martin I. Steinberg, David R. Lass, Denver, for defendant-appellee.

Selected for Official Publication.

ENOCH, Judge.

This appeal presents the question of whether the exemption provisions set forth in C.R.S.1963, 77-2-2 are applicable to assets in the estate of a mental incompetent, James Butler, who was hospitalized in 1951 and restored by an order of competency in June of 1969. Prior to restoration, the conservator, with approval of the probate court, borrowed $2500 on Butler's insurance policy. The Colorado State Hospital...

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