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MORRIS v. BAILEY

No. 72-162.

513 P.2d 746 (1973)

Martha C. MORRIS, formerly Martha C. Bailey, Plaintiff-Appellant, v. James Alton BAILEY et al., Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 3, 1973.

Certiorari Denied September 17, 1973.

Attorney(s) appearing for the Case

Stewart H. Brown, Vail, for plaintiff-appellant.

Mincer, Larson & Hartert, Gerald D. Hartert, Glenwood Springs, for defendants-appellees.

Selected for Official Publication.

SILVERSTEIN, Chief Judge.

Martha C. Morris, formerly Martha C. Bailey, brought suit for partition of certain real property. The trial court entered summary judgment denying plaintiff's claim for relief, and she appeals. We affirm.

The facts are undisputed. John W. Bailey died September 16, 1927, testate, owning the subject property. His will provided,

"(3) I give and bequeath to my beloved wife, Harriett...

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