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MATTER OF WILL OF KILLIN

No. 84CA0195.

703 P.2d 1323 (1985)

In the Matter of the Trust under the last WILL and Testament OF J. Louis KILLIN, Deceased. Esther M. HIGBY and Ladis John Higby, Petitioners-Appellants, v. The FIRST NATIONAL BANK OF COLORADO SPRINGS, Trustee; William Frank Higby; Michael Higby; Heather Higby; and Sarah Ann Higby Beck, Respondents-Appellees.

Colorado Court of Appeals, Div. III.

June 6, 1985.

Attorney(s) appearing for the Case

William Rann Newcomb, Denver, for petitioners-appellants.

Sherman, Howard, Baker & Wendelken, Ben S. Wendelken, Colorado Springs, for respondent-appellee The First Nat. Bank of Colorado Springs, trustee.

Cross, Gaddis, Kin & Quicksall, P.C., Larry R. Gaddis, Colorado Springs, for respondents-appellees William Frank Higby, Michael Higby and Heather Higby.

Trott, Kunstle & Hughes, Dan S. Hughes, Colorado Springs, for respondent-appellee Sarah Ann Higby Beck.

BABCOCK, Judge.

Respondent, First National Bank of Colorado Springs, is the trustee of a testamentary trust established by J. Louis Killin, deceased. The corpus of the trust includes, among other assets, "the Spring Valley Ranch" (the ranch) consisting of 2,332 acres of ranch land located in Douglas and El Paso Counties. Petitioners, Esther M. Higby and Ladis John Higby, income beneficiaries of the trust, filed this declaratory judgment action seeking construction...

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