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IN RE ESTATE OF SCOTT

No. 5598.

642 P.2d 1287 (1982)

In re ESTATE OF John E. SCOTT, Deceased. John E. SCOTT, Jr., Appellant (Executor under Will and Beneficiary), v. Richard A. TOBIN, Special Administrator of the Estate of John E. Scott, Deceased, Appellee (Petitioner), Eulah Ann Grieve, Appellee (Beneficiary).

Supreme Court of Wyoming.

Rehearing Denied May 6, 1982.

Attorney(s) appearing for the Case

Harry E. Leimback, Casper, signed the brief and appeared in oral argument on behalf of appellant. Of counsel, John A. Criswell, of Criswell, Patterson, McNamara, Myles & Bell, Englewood, Colo.

E.L. McCrary, Casper, signed the brief and appeared in oral argument on behalf of appellee Tobin.

Robert Jerry Hand and J. Patrick Hand, of Hand, Hand & Hand, P.C., Casper, signed the brief and J. Patrick Hand, Casper, appeared in oral argument on behalf of appellee Grieve.

Before RAPER, THOMAS, ROONEY and BROWN, JJ., and ALAN B. JOHNSON, District Judge.

ROONEY, Justice.

This appeal is from orders entered in probate after a hearing on objections to final accountings and petitions for distribution. The only issues presented by appellant, as worded by him, are:

"1. Did the lower court err in striking the Appellee Grieve's (`Grieve's') demand for jury trial, over Scott's [appellant's] objection, and requiring the issues to be tried to the court? "2. Did the lower court err in refusing to allow the...

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