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PIKE v. MARKMAN

No. 5478.

633 P.2d 944 (1981)

Roberta J. PIKE, on her behalf and on behalf of the heirs, legatees and devisees of Herbert S. Flatt, deceased, Appellant (Plaintiff), v. Norman L. MARKMAN and the Denver Colorado National Bank of Denver, Colorado, individually and as Executors and Trustees of the Estate of Herbert S. Flatt, deceased, Appellees (Defendants).

Supreme Court of Wyoming.

September 25, 1981.

Attorney(s) appearing for the Case

Joseph E. Darrah, Darrah & Anderson, Powell, for appellant.

Ernest J. Goppert, Jr. (argued), and James M. Guill, Goppert, Day & Olson, Cody, for appellees.

Before ROSE, C.J., and RAPER, THOMAS, ROONEY and BROWN, JJ.

RAPER, Justice.

This case was commenced by a legatee (appellant) of Herbert S. Flatt against the executors (appellees) of his estate almost three full years following the final settlement of the estate. Appellant summarizes the suit as an action

"to recover damages based primarily upon a breach of fiduciary duty, negligence, malfeasance and misfeasance in the office of the executor with regard to the assets of the estate, and for an accounting towards the...

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