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ALLEN v. SHEA

No. 14277.

665 P.2d 1041 (1983)

105 Idaho 31

Aram Poulsen ALLEN, deceased, Boyd K. Allen, Appellant, v. Rhea SHEA, La Rue Lemmon and Edrie A. Kingsbury, Personal Representative of the above estate, Respondents.

Supreme Court of Idaho.

June 15, 1983.

Attorney(s) appearing for the Case

Raymond N. Malouf, Jr., Logan, Utah, and Randall Budge of Racine, Huntley & Olson, Pocatello, for appellant.

Archie W. Service of Green, Service, Gasser & Kerl, Pocatello, for respondents.

BISTLINE, Justice.

This is an appeal from a district court decision affirming a magistrate court order finding that Lucy Allen died prior to the distribution of her husband's estate within he terms of his will. A.P. Allen died testate on May 11, 1975. He was survived by his wife, Lucy Allen, and five children. He left a one-page will which provided:

"THIRD. I give and devise the residue of my estate, be the same...

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