MATTER OF ESTATE OF SMITH

No. 78-514.

585 P.2d 319 (1978)

In the Matter of the ESTATE of Helen J. SMITH, Deceased. Marjorie K. THOMPSON, Plaintiff-Appellant, v. Estate of Helen J. SMITH, Deceased, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

September 28, 1978.


Attorney(s) appearing for the Case

Holland & Hart, Bruce T. Buell, C. Jean Stewart, Denver, for plaintiff-appellant.

Horn, Anderson & Johnson, Gregory L. Johnson, Colorado Springs, for defendant-appellee.


VanCISE, Judge.

The Colorado Springs National Bank, as the personal representative of the estate of Helen J. Smith, deceased (the wife), petitioned the district court, sitting in probate, to determine whether the decedent, in the residuary clause of her will, had validly exercised a general testamentary power of appointment conferred upon her by the trust provisions of the will of her late husband, Willard A. Smith. Marjorie K. Thompson, who was named as a residuary...

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