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IN RE ESTATE OF GARDNER

No. 71-216.

505 P.2d 50 (1972)

In the Matter of the ESTATE of Susie A. GARDNER, Deceased. Betty Jane RANALS et al., Caveators-Appellants, v. FIRST NATIONAL BANK OF DENVER, Proponent-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 14, 1972.

Certiorari Denied January 29, 1973.

Attorney(s) appearing for the Case

Carroll & Bradley, P. C., Rebecca L. Bradley, John S. Carroll, Denver, for caveators-appellants.

White & Steele, Walter A. Steele, Denver, for proponent-appellee.

Selected for Official Publication.

COYTE, Judge.

The parties appear here in the same order as in the trial court. Caveators-appellants bring this appeal from an order of the Denver Probate Court dismissing their caveat to the Last Will and Testament of Susie A. Gardner, deceased. We affirm the order admitting the will to probate.

The first issue involves the application of the so-called "Dead Man's Statute", C. R.S.1963, 154-1-2(1):

"No party...

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