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DOUGLAS v. NEWELL

Nos. 85-105, 85-106.

719 P.2d 971 (1986)

Donna I. Read DOUGLAS, James L. Read and Joanne Read Trumper, Appellants (Plaintiffs), v. Donald L. NEWELL and Earl R. Cherry, Jr., Personal Representatives of the Estate of Elizabeth Newell, Appellees (Defendants). Donald L. NEWELL and Earl R. Cherry, Jr., Personal Representatives of the Estate of Elizabeth Newell, Appellants (Defendants), v. Donna I. Read DOUGLAS, James L. Read and Joanne Read Trumper, Appellees (Plaintiffs).

Supreme Court of Wyoming.

Rehearing Denied June 6, 1986.

Attorney(s) appearing for the Case

Eric M. Alden of Jones, Jones, Vines & Hunkins, Wheatland, for appellants (plaintiffs) in No. 85-105 and appellees (plaintiffs) in No. 85-106.

Donald E. Jones of Jones and Graham Law Offices, Torrington, for appellees (defendants) in No. 85-105 and appellants (defendants) in No. 85-106.

Before THOMAS, C.J., and ROONEY, BROWN, CARDINE and URBIGKIT, JJ.

ROONEY, Justice.

Plaintiffs (appellants in Case No. 85-105 and appellees in Case No. 85-106) brought an action for declaratory judgment construing the will of Elizabeth Newell (hereinafter referred to as "deceased") with respect to the occurrence or nonoccurrence of the ademption of a specific devise contained in Article X of the will, contending that it did not adeem. Defendants (appellees in Case No. 85-105 and appellants in Case No. 85-106) presented, as an affirmative...

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