MATTER OF ESTATE OF ELIASEN

No. 13651.

668 P.2d 110 (1983)

105 Idaho 234

In the Matter of the ESTATE OF Charles Edgar ELIASEN, aka Edgar Eliasen, Deceased. Lucille ELIASEN, the widow of Charles Edgar Eliasen, Deceased, Appellant-Cross-Respondent, v. L.D. FITZGERALD, Personal Representative of the Estate of Charles Edgar Eliasen, Deceased, Respondent-Cross-Appellant.

Supreme Court of Idaho.

Rehearing Denied September 8, 1983.


Attorney(s) appearing for the Case

Lloyd J. Webb, Twin Falls, for appellant-cross-respondent.

R.M. Whittier, Pocatello, for respondent-cross-appellant.


SHEPARD, Justice.

This is an appeal from a decision of the district court which on appeal affirmed a decision of a magistrate court in a probate proceeding. The principal questions presented are the status at the time of decedent's death of certain property as being community or separate in nature and the applicability of Idaho's slayer statute, I.C. § 15-2-803, to this widow, who shot her husband, the decedent. We affirm in part and reverse in part.

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