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SWEENEY v. SUMMERS

No. 27342.

571 P.2d 1067 (1977)

Hugh E. SWEENEY, Conservator of the Estate of Edythe G. Walker, Protected Person, Petitioner-Appellant, v. Jane Walker SUMMERS, personal representative of the Estate of Lee H. Walker, aka Lee Howell Walker, Deceased, Respondent-Appellee.

Supreme Court of Colorado, En Banc.

October 11, 1977.

Attorney(s) appearing for the Case

W. David McClain, Edwin A. Williams, Samuel J. Eaton, Stephen W. Miller, Denver, for petitioner-appellant.

Ernest O. Tullis, Colorado Springs, for respondent-appellee.

KELLEY, Justice.

The primary question before us is whether section 15-11-203, C.R.S.1973, of the Colorado Probate Code is constitutional. The subsidiary question, if the first is answered in the affirmative, is whether the court abused its discretion. We hold that it is constitutional and that the court acted properly under the circumstances. We therefore affirm.

Lee Walker died testate on November 4, 1974, leaving real property1

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