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SMITH v. SMITH

No. 11013.

511 P.2d 294 (1973)

95 Idaho 477

Erla SMITH, a/k/a Mrs. Ralph D. Smith, Mrs. R.D. Smith, Mascot Silver-Lead Mines, Inc., Plaintiffs-Respondents, v. Leonard W. SMITH, a/k/a L. W. Smith, L. Wilbur Smith, Appellant, William A. Gaither et al., Defendants.

Supreme Court of Idaho.

June 7, 1973.

Attorney(s) appearing for the Case

Piatt Hull, Wallace, Leonard W. Smith, Spokane, Wash., for appellant.

Charles H. Kimball, Coeur d'Alene, for respondents.

McQUADE, Justice.

This case requires determination of the rights created by a complex series of property transfers among members of a family, some of whom are now deceased. The family consisted of George and Jennie Smith (hereinafter termed the father and mother) and their children, Leonard W. Smith (Leonard), Ralph D. Smith (Ralph), and Amy Smith Gaither (Amy). Plaintiff Erla Smith is the widow of Ralph D. Smith, while William and Frank Gaither are the heirs of Amy...

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