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IN RE ESTATE OF DEWSON

No. 70-574.

496 P.2d 319 (1972)

ESTATE of Katharine C. DEWSON, Deceased. Malcolm C. SMITH and IIda R. Smith, Appellants, v. Donald H. JACOBS, As Executor of the Estate of Katharine C. Dewson, Deceased, et al., Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied March 14, 1972.

Certiorari Granted May 15, 1972.

Attorney(s) appearing for the Case

Harry A. King, M. B. Holt, Jr., Denver, for appellants.

Martin, Knapple & Johnson, James G. Martin, Helen Garfield, Boulder, for appellees.

Milton C. Garwood, Denver, guardian ad litem for Wynn Downing, Ivy Downing, Charles Downing and Julie Downing.

Herbert J. Newcomb, Denver, guardian ad litem for Scott Crawford Smith and Daniel Edwin Smith.

Selected for Official Publication.

SMITH, Judge.

This is an action brought by the Executor of the Estate of Katharine C. Dewson, deceased, for construction of Article Seven of the Last Will and Testament of the decedent. That article of the will provides that the residuary legatees shall be the testatrix's daughter, Sybil Smith Downing, appellee, and the testatrix's son Malcolm C. Smith, appellant. Article Seven gives the residuary estate to a trustee, Section...

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