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MATTER OF ESTATE OF MALONE

No. 77-1072.

597 P.2d 1049 (1979)

In the Matter of the Estate of May C. MALONE, Deceased. COLORADO NATIONAL BANK, Administrator, C.T.A. and Co-Trustee, John C. Malone, Co-Trustee, A. Manley Chase, and Jerre Malone, a/k/a Gerre Malone, Petitioners-Appellees, v. Frank M. CAVANAUGH, Co-Trustee, Respondent-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied May 24, 1979.

Attorney(s) appearing for the Case

Gorsuch, Kirgis, Campbell, Walker & Grover, William C. McGehee, Robert J. Kapelke, Denver, for petitioner-appellee Colorado Nat. Bank.

William G. Berge, Denver, for petitioners-appellees John C. Malone, A. Manley Chase, and Jerre Malone.

Myles J. Dolan, Arvada, for respondent-appellant.

ENOCH, Judge.

Respondent appeals from a decision of the probate court ordering his removal as co-trustee of three separate trusts. We affirm.

Respondent was co-trustee, along with the Colorado National Bank (Bank) and John Malone, two of the petitioners, under a inter vivos trust executed by May C. Malone in 1939. Respondent and the Bank were also co-trustees of two testamentary trusts created by May C. Malone; and the Bank was Administrator C.T.A. of the...

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