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KORTZ v. AMERICAN NAT. BANK OF CHEYENNE

No. 4765.

571 P.2d 985 (1977)

Mrs. R. M. KORTZ, Appellant (One of defendants below), (James A. Anselmi, Executor of the Estate of Ted S. Johnson, Deceased, and Mrs. H. J. Ball, other defendants below) v. The AMERICAN NATIONAL BANK OF CHEYENNE, Wyoming, Administrator With the Will Annexed of the Estate of Lillian B. Butler, Deceased, Appellee (Plaintiff below).

Supreme Court of Wyoming.

December 1, 1977.

Attorney(s) appearing for the Case

William L. Wiesman, Owensboro, Ky., and Franklin J. Smith, Cheyenne, for appellant.

James P. Horiskey, of Rooney, Horiskey, Bagley & Hickey, Cheyenne, for appellee.

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

ROSE, Justice.

This appeal concerns the timeliness of an objection to the probate of a will and the interpretation of that will in an action for declaratory judgment. We will affirm the court's judgment holding appellant's objection to probate to be untimely, but will reverse the court's construction of the will's distributive provisions.

On August 4, 1976, appellee, as administrator with the will annexed of the estate...

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