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MATTER OF ESTATE OF TALLY

No. 81CA1235.

654 P.2d 866 (1982)

In the Matter of the ESTATE OF Paul R. TALLY a/k/a Paul Rogers Tally a/k/a Paul Tally, Deceased. The CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS, Petitioner-Appellant, v. Anne TALLY, Personal Representative of the Estate of Paul R. Tally, Respondent-Appellee.

Colorado Court of Appeals, Div. III.

October 28, 1982.

Attorney(s) appearing for the Case

Clawson & Potter, P.C., Millen C. Clawson, H. Clifford Potter, Colorado Springs, for petitioner-appellant.

Roger M. Breyfogle, Canon City, for respondent-appellee.

KIRSHBAUM, Judge.

Petitioner, the Church of Jesus Christ of Latter Day Saints, appeals the trial court's order granting a motion filed by respondent, Anne Tally, to dismiss petitioner's motion to vacate. We affirm.

The following facts are undisputed. Decedent, Paul R. Tally, died on July 18, 1979. The next day a will executed by decedent and dated July 13, 1979, was lodged with the trial court. On July 23, 1979, another will bearing decedent's signature, dated...

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