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WITMER v. PERINI

No. 71-437.

508 P.2d 413 (1973)

Marla WITMER, by her next friend and Guardian, Ellen E. Bennett, Plaintiff-Appellee, v. Carl N. PERINI, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

Rehearing Denied March 13, 1973.

Certiorari Denied April 16, 1973.

Attorney(s) appearing for the Case

Richeson & McCain, David B. Richeson, Denver, for plaintiff-appellee.

Isaac S. Willson, Wheat Ridge, for defendant-appellant.

Selected for Official Publication.

SMITH, Judge.

Although the subject of this action relates to a will and the distribution of property effected by that instrument, plaintiff has based her claim of title to certain disputed property on the proof of the existence of an oral contract between defendant, Carl Perini, and his deceased wife, Judith Perini.

Carl Perini and Judith Perini executed a joint will on October 9, 1964. The portion

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