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MATTER OF ESTATE OF BARNES

No. 77-466.

586 P.2d 238 (1978)

In the Matter of the ESTATE of Hazel Taylor BARNES, a/k/a Hazel Barnes, Deceased. Thomas Clay TAYLOR and Robert Lane Taylor, as Executors and Individually, Proponents-Appellants, v. L. E. BARNES, Caveator-Appellee.

Colorado Court of Appeals, Div. III.

Rehearing Denied August 31, 1978.

Certiorari Denied November 13, 1978.

Attorney(s) appearing for the Case

Roath & Brega, P. C., Charles F. Brega, Robert E. Kendig, Denver, for proponents-appellants (Individually).

Zuspann & Zuspann, Eugene P. Zuspann, II, Denver, for proponents-appellants (Co-Executors).

Lefferdink, Legg & Lefferdink, John J. Lefferdink, Lamar, for caveator-appellee.

KELLY, Judge.

Thomas Clay Taylor and Robert Lane Taylor, as executors of the estate of Hazel Taylor Barnes, and as individuals, appeal the judgment of the trial court allowing the testatrix' surviving spouse, L. E. Barnes, to elect his statutory share of her estate. By an antenuptial agreement entered into between the Barneses 26 years before Hazel Barnes' death, each party had waived his or her right to elect a statutory share of the other's separate estate, and...

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