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IN RE ESTATE OF DEWSON

No. C-232.

509 P.2d 311 (1973)

In the Matter of the ESTATE of Katharine C. DEWSON, Deceased. Sybil Smith DOWNING et al., Petitioners, v. Malcolm C. SMITH et al., Respondents.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing May 29, 1973.

Attorney(s) appearing for the Case

Milton C. Garwood, Denver, pro se.

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

Herbert J. Newcomb, pro se.

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

LEE, Justice.

We granted certiorari to review the decision of the Court of Appeals in Est. of Dewson v. Jacobs, 30 Colo.App. 431, 496 P.2d 319. The Court of Appeals reversed the ruling of the probate court of the City and County of Denver, which found the following will clause to be clear and unambiguous, the construction of which was in controversy:

"A. My trustee shall divide my [residuary] property into two trust funds...

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