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ESTATE v. WIMBUSH

No. 77-771.

587 P.2d 796 (1978)

In the Matter of the ESTATE of John Rowland Nelson WIMBUSH, a/k/a John R. N. Wimbush, a/k/a Rowland N. Wimbush, Deceased. Penington Rowland Hugh WIMBUSH and Lynda Wimbush Woodrich, Petitioners-Appellants, v. Lucille C. WIMBUSH, Caveatrix-Appellee, and Anthony F. Zarlengo, Personal Representative-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied October 12, 1978.

Attorney(s) appearing for the Case

Eagan & Moore, Eugene R. Eagan, Davis W. Moore, Jr., Denver, for petitioners-appellants.

Gorsuch, Kirgis, Campbell, Walker & Grover, Kenneth G. Christianssen, Denver, for caveatrix-appellee.

No appearance for personal representative-appellee.

BERMAN, Judge.

Petitioners, Penington Rowland Hugh Wimbush and Lynda Wimbush Woodrich, appeal from an order of the Denver Probate Court denying probate of a will of their father, John Rowland Nelson Wimbush. We reverse.

The following facts are stipulated. At the time of his death on January 25, 1975, the decedent was a resident and domiciliary of Honolulu, Hawaii. In addition to his children, the petitioners, the decedent was survived by his wife, Lucille...

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