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  5. 596 P.2d 1220 (1979)
 

MATTER OF ESTATE OF BROOKS

No. 77-798.

596 P.2d 1220 (1979)

In the Matter of the ESTATE of the Sol BROOKS Irrevocable Trust No. 1. In re Sam B. LUSTIG, Plaintiff-Appellant, v. FIRST NATIONAL BANK OF DENVER, and Marcia B. Lustig, Trustees of The Sol Brooks Irrevocable Trust No. 1, Marcia B. Lustig and Robert Appel, Individually, and Ann Heidi Lustig, Merle Ada Lustig, and Brooke Sydney I. Lustig, Beneficiaries, Defendants-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied April 26, 1979.

Attorney(s) appearing for the Case

Feder & Morris, P. C., Harold A. Feder, Denver, for plaintiff-appellant.

Hughes & Dorsey, Thomas R. Walker, Denver, for defendant-appellee First National Bank of Denver.

Kenneth C. Groves, Denver, for defendant-appellee Marcia B. Lustig.

Wood, Ris & Hames, P. C., Eugene S. Hames, Denver, for defendant-appellee Robert Appel.

No appearance for defendants-appellees Ann Heidi Lustig, Merle Ada Lustig and Brooke Sydney I. Lustig.

SILVERSTEIN, Chief Judge.

Plaintiff appeals the order of the probate court dismissing his first amended complaint and confirming dismissal of his original complaint for failure to state a claim for relief. We affirm.

In reviewing the dismissal of a complaint for failure to state a claim for relief, the material allegations of the complaint must be taken as true and admitted. Cook v. Denver, 128 Colo. 578, 265 P.2d 700

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