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IN RE THE ESTATE OF OTTIS SMITH

No. 82CA0821.

674 P.2d 972 (1983)

In re the ESTATE OF Ottis SMITH, Deceased. Donna SNYDER and Arnold Ogden, Co-Personal Representatives of the Estate of Ruth M. Smith, Deceased, Petitioners-Appellants, v. Lloyd W. MACY, Special Administrator of the Estate of Ottis Smith, Deceased, and Donald L. Smith and Eldon R. Smith, Respondents-Appellees.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 9, 1983.

Certiorari Denied December 28, 1983.

Attorney(s) appearing for the Case

Carl W. Dugan, Lakewood, for petitioners-appellants.

Paul Snyder, Bradley Yoder, Castle Rock, for respondents-appellees.

TURSI, Judge.

Donna Snyder and Arnold Ogden, (petitioners) co-personal representatives of the estate of their mother, Ruth M. Smith, deceased, appeal the trial court's ruling that Ruth M. Smith waived her right to an elective share in the estate of her deceased husband, Ottis Smith. We reverse and remand for further proceedings.

On June 3, 1980, while Ottis Smith was hospitalized, Ruth Smith was shown an unexecuted will which had been prepared for her husband...

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