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HANSON v. ESTATE OF BELDEN

No. 83-60.

668 P.2d 1331 (1983)

Kent A. HANSON, Executor and Personal Representative of the Estate of Donald P. Hanson, deceased, and Anna M. Hanson, Appellants (Plaintiffs), v. The ESTATE OF Charles F. BELDEN, a/k/a Charles Franklin Belden, deceased, Appellee (Defendant).

Supreme Court of Wyoming.

September 9, 1983.

Attorney(s) appearing for the Case

John B. Scott, argued, Kathleen A. Hunt, and John E. Stanfield, argued, of Smith, Stanfield & Scott, Laramie, for appellants.

Thomas A. Fennell and Roy Stoddard, Jr., Cheyenne, for appellee.

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

CARDINE, Justice.

This is an appeal from an order granting summary judgment because plaintiffs' action was not filed within the thirty-day period provided in the Probate Code. We reverse and remand.

Appellants raise six issues of error:

"1. Did the 30 day limitation under § 2-7-718, Wyoming Statutes 1977, for filing suit ever become effective since the Appellee failed to send the notice of rejection by certified mail as mandated by that statute...

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