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ESTATE OF COLMAN

No. C-706.

552 P.2d 1 (1976)

In re the ESTATE of George COLMAN. PEOPLE of the State of Colorado ex rel. Joseph DOLAN, Executive Director, Department of Revenue, State of Colorado, Petitioners, v. GREELEY NATIONAL BANK, Individually and as Executor of the Estate of George Colman, Respondents.

Supreme Court of Colorado, En Banc.

July 6, 1976.

Attorney(s) appearing for the Case

John D. MacFarlane, Atty. Gen., Jean Dubofsky, Deputy Atty. Gen., Edward Donovan, Sol. Gen., James R. Riley, Jr., Asst. Atty. Gen., Morton H. Letofsky, Special Asst. Atty. Gen., General Legal Services Section, Denver, for petitioners.

Miller, Ruyle, Steinmark & Shade, William Shade, Greeley, Dawson, Nagel, Sherman & Howard, Douglas M. Cain, Lentz, Evans & King, Hover T. Lentz, Robert A. Wherry, Jr., Denver, Simon, Eason, Hoyt & Malone, Richard H. Simon, Englewood, for respondents.

ERICKSON, Justice.

The inheritance tax statute, which is before us for interpretation, has been construed by the Court of Appeals. In re Estate of Colman, Colo.App., 535 P.2d 227 (1975). We granted certiorari and now affirm.

The issues before us were framed in the Court of Appeals. The questions are:

(1) In a trust which is subject to a vested general power of appointment by will and a vested special power...

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