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MILLER v. MILLER

No. 5836.

664 P.2d 39 (1983)

Cecil MILLER, Appellant (Third-Party Defendant), v. G.O. MILLER, Vivian Miller Hytrek and Cecil Miller, Executors of the Estate of Freda Miller, Deceased, Probate No. 6-34, Platte County, Wyoming, Appellees (Defendants and Third-Party Plaintiffs), v. FIRST NATIONAL BANK IN WHEATLAND, (Plaintiff).

Supreme Court of Wyoming.

Rehearing Denied June 7, 1983.

Attorney(s) appearing for the Case

D.N. Sherard and Rex E. Johnson, Wheatland, for appellant.

William R. Jones and John P. McBride of Jones, Jones, Vines & Hunkins, Wheatland, for appellees.

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

BROWN, Justice.

The First National Bank in Wheatland filed suit against the estate of Freda Miller, deceased. The amended complaint alleged that G.O. Miller, Vivian Miller Hytrek, and Cecil Miller, as executors of the estate, owed payment on a promissory note executed by Freda Miller. The defendants, appellees herein, confessed judgment on the note and proceeded to trial on an amended third-party complaint against appellant...

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