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MATTER OF ESTATE OF KESLER

No. 18434, 18540.

702 P.2d 86 (1985)

In the Matter of the ESTATE OF Alice KESLER, Deceased. FIRST INTERSTATE BANK OF UTAH, Special Administrator of the Estate of Alice Kesler and Trustee of the Alice Kesler Trust; and Intermountain Health Care, Inc., American Cancer Society, Utah Division, Church of Jesus Christ of Latter-Day Saints, and University of Utah Medical Center, beneficiaries of the Alice Kesler Trust, Plaintiffs and Appellants, v. David O. KESLER, Calvin Kesler, Joseph Kesler, and Mary Kesler Davies, Defendants and Respondents. In the Matter of the ESTATE OF Alice KESLER, Deceased. FIRST INTERSTATE BANK OF UTAH, Trustee of the Alice Kesler Trust; and Intermountain Health Care, Inc., American Cancer Society, Utah Division, Church of Jesus Christ of Latter-Day Saints, and University of Utah Medical Center, beneficiaries of the Alice Kesler Trust, Plaintiffs and Appellants, v. David O. KESLER, Calvin Kesler, Joseph Kesler, and Mary Kesler Davies, Defendants and Respondents.

Supreme Court of Utah.

Rehearing Denied June 11, 1985.

Attorney(s) appearing for the Case

J. Wendall Bayles, Salt Lake City, for 1st Interstate Bank of Utah.

Richard M. Hymas, Richard H. Johnson, II, Patricia Leigh, Phillip V. Christensen, David L. Wilkinson, William R. Evans, John McAllister, Salt Lake City, for other plaintiffs.

Alan Syllivan, Salt Lake City, for Intermountain Health Care, Inc.

Eldon Eliason, Delta, for David Kesler.

R. Clayton Huntsman, Fillmore, for other Keslers.

HALL, Chief Justice:

Alice Kesler died on January 25, 1980, at the age of eighty-eight years, leaving a will and trust by which she devised only one percent of her estate to each of her five adult children, and the remainder to her grandchildren, great-grandchildren, and several charitable and religious organizations. The trustee of the trust petitioned the court for probate of the will, and four of the children contested the validity of the will and trust. After...

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