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MATTER OF ESTATE OF MORGAN

No. 4720.

568 P.2d 892 (1977)

In the Matter of the ESTATE of Cecil T. MORGAN, also known as Cecil Thomas Morgan, Deceased. Ralph TRIPP, Gerald Tripp, and Urban Tripp, Appellants (Objectors below), v. William W. SMITH, Executor of the Estate of Cecil T. Morgan, also known as Cecil Thomas Morgan, and Grace E. Strey, Appellees (Petitioners below).

Supreme Court of Wyoming.

August 31, 1977.

Attorney(s) appearing for the Case

Tom C. Toner, of Redle, Yonkee & Arney, Sheridan, for appellants.

Daniel J. Morgan and Wade Brorby, of Morgan & Brorby, Gillette, for appellee William W. Smith.

Thomas E. Lubnau, Gillette, for appellee Grace E. Strey.

Before GUTHRIE, C.J., and McCLINTOCK, RAPER, THOMAS, and ROSE, JJ.

GUTHRIE, Chief Justice.

Appellants Ralph, Gerald and Urban Tripp, residuary legatees, filed an objection in district court to the petition of the executor insofar as it requested authorization to sell certain real property and oil, gas and mineral interests directed to be converted into cash under the language of the residuary clause in the testator's will. They elected instead to take the property in kind rather than the proceeds to be derived from the sale. The...

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