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IN RE ESTATE OF FREEMAN

No. 11166.

511 P.2d 1338 (1973)

95 Idaho 562

In the Matter of the ESTATE of William Edward FREEMAN, a/k/a W.E. Freeman. Lawrence FREEMAN, a/k/a Larry Freeman, Plaintiff-Respondent and Cross-Appellant, v. Eli RAPAICH, Executor of the Estate of W.E. Freeman, Deceased, Defendant-Appellant and Cross-Respondent. v. Clyde CURRY, Administrator of the Estate of Mary Mason, Deceased, et al., Defendants-Respondents and Cross-Appellants, v. Eli RAPAICH, as Executor of the Last Will and Testament of W.E. Freeman and as Legatee, et al., Defendants.

Supreme Court of Idaho.

July 10, 1973.

Attorney(s) appearing for the Case

Marcus Ware, Ware, Stellmon & O'Connell, Lewiston, for appellant and cross-respondent Rapaich.

Wm. J. Dee, Grangeville, Henry Felton, Lewiston, for respondent and cross-appellant Freeman.

John H. Bengston, Randall & Bengston, Lewiston, for respondents and cross-appellants Curry, and others.

DONALDSON, Chief Justice.

William Edward Freeman, a/k/a W.E. Freeman, died on February 9, 1971, at the age of seventy-eight, a resident of Lewiston, Idaho. His purported will was admitted to probate on March 4, 1971, and defendant-appellant and cross-respondent, Eli Rapaich, an attorney, was appointed executor of the will. The will names Rapaich as residuary legatee. Cross-appellant Lawrence Freeman, a/k/a Larry Freeman, filed "Grounds of Opposition to Probate of...

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