MATTER OF ESTATE OF BERRIOCHOA

No. 15465.

700 P.2d 96 (1985)

108 Idaho 474

In the Matter of the ESTATE OF Adrian BERRIOCHOA. Alan A. MARRIAGE, Appellant, v. Luis BERRIOCHOA, Mary Downes, Adeline Wheeler, and Ruby Jensen, Respondents.

Court of Appeals of Idaho.

April 29, 1985.


Attorney(s) appearing for the Case

William R. Snyder, Boise, for appellant.

Perce Hall, of Hall & Friedly, Mountain Home, for respondents.

Before BAKES, Acting C.J., and BURNETT and TOWLES, Acting JJ., Special Panel.


BAKES, Acting Chief Judge.

Testator died after owning and operating a small bar in Mountain Home for some 40 years. Approximately two years prior, the appellant, a grandson, moved from Boise to Mountain Home to assist testator in the operation of the bar. After appellant's move, testator and appellant executed documents defining their business relationships and thereafter testator executed the will in question. The will states in part:

"FIFTH: In the event...

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