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KORTZ v. AMERICAN NAT. BANK OF CHEYENNE

No. 5031.

590 P.2d 1338 (1979)

Mrs. R. M. KORTZ, Appellant (One of defendants below), (James A. Anselmi, Executor of the Estate of Ted S. Johnson, Deceased, and Mrs. H. J. Ball, other defendants below) v. The AMERICAN NATIONAL BANK OF CHEYENNE, Wyoming, Administrator With the Will Annexed of the Estate of Lillian B. Butler, Deceased, Appellee (Plaintiff below).

Supreme Court of Wyoming.

March 2, 1979.

Attorney(s) appearing for the Case

William L. Wiesman, Owensboro, Ky., and Franklin J. Smith, of Pattno & Smith, Cheyenne, for appellant.

James P. Horiskey, of Horiskey, Bagley & Hickey, Cheyenne, for appellee.

Before RAPER, C.J., and McCLINTOCK, THOMAS and ROSE, JJ., and GUTHRIE, J., Retired.

ROSE, Justice.

This is the second appeal concerning the distribution provisions of the Ted S. Johnson will. In the first action, we held that the Johnson will was clear and unambiguous with respect to the testator's intention that a portion of his residuary estate pass by intestacy. Kortz v. American National Bank of Cheyenne, Wyo., 571 P.2d 985 (1977). As a result, we remanded the case for entry of a judgment in accordance...

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