MATTER OF ESTATE OF BELL

Nos. 86-62 to 86-65.

726 P.2d 71 (1986)

In the Matter of the ESTATE OF Marie J. BELL, Deceased. John MORRIS and Norma Morris, Appellants, (Defendants and Crossclaim Defendants), Joe Bell, et al. (Defendants), v. Joe BELL and Ray Bell (Counterclaim and Crossclaim Plaintiffs), v. The FIRST NATIONAL BANK & TRUST COMPANY OF WYOMING, nka Norwest Bank — Cheyenne, as Testamentary Trustee Under the Last Will and Testament of John H. Bell, Deceased, Appellee (Plaintiff), The First National Bank & Trust Company of Wyoming, nka Norwest Bank — Cheyenne, as Testamentary Trustee of the Bell Trust under the Last Will and Testament of John H. Bell, Deceased; et al., Appellees (Counterclaim Defendants), First Wyoming Bank, N.A. — Cheyenne, as personal representative of the Estate of Floyd T. Hale, deceased, R.O. Corporation, and Melvin Wright, Appellees, Mary Gergen, et al. (Counterclaim Defendants), DePaul Hospital, et al. (Crossclaim Defendants). In the Matter of the ESTATE OF Marie J. BELL, Deceased. DePAUL HOSPITAL, Appellant, (Defendant and Crossclaim Defendant), Joe Bell, et al (Defendants), v. Joe BELL and Ray Bell (Counterclaim and Crossclaim Plaintiffs), v. The FIRST NATIONAL BANK & TRUST COMPANY OF WYOMING, nka Norwest Bank — Cheyenne, as Testamentary Trustee Under the Last Will and Testament of John H. Bell, Deceased, Appellee (Plaintiff), The First National Bank & Trust Company of Wyoming, nka Norwest Bank — Cheyenne, as Testamentary Trustee of the Bell Trust under the Last Will and Testament of John H. Bell, Deceased; et al., Appellees (Counterclaim Defendants), First Wyoming Bank, N.A. — Cheyenne, as personal representative of the Estate of Floyd T. Hale, deceased, R.O. Corporation, and Melvin Wright, Appellees, Mary Gergen, et al. (Counterclaim Defendants), Mrs. Kenneth Bell, et al. (Crossclaim Defendants). In the Matter of the ESTATE OF Marie J. BELL, Deceased. Joe BELL and Ray Bell, Appellants, (Defendants, Counterclaim and Crossclaim Plaintiffs), Larry Jordan, et al. (Defendants), v. The FIRST NATIONAL BANK & TRUST COMPANY OF WYOMING, nka Norwest Bank — Cheyenne, as Testamentary Trustee Under the Last Will and Testament of John H. Bell, Deceased, Appellee (Plaintiff), The First National Bank & Trust Company of Wyoming, nka Norwest Bank — Cheyenne, as Testamentary Trustee of the Bell Trust under the Last Will and Testament of John H. Bell, Deceased; et al., Appellees (Counterclaim Defendants), First Wyoming Bank, N.A. — Cheyenne, as personal representative of the Estate of Floyd T. Hale, deceased, R.O. Corporation, and Melvin Wright, Appellees, Mary Gergen, et al. (Counterclaim Defendants), DePaul Hospital, et al. (Crossclaim Defendants). In the Matter of the ESTATE OF Marie J. BELL, Deceased. ST. JOSEPH'S ORPHANAGE, nka St. Joseph's Children's Home, Appellant, (Defendant and Crossclaim Defendant), Joe Bell, et al. (Defendants), v. Joe BELL and Ray Bell (Counterclaim and Crossclaim Plaintiffs), v. The FIRST NATIONAL BANK & TRUST COMPANY OF WYOMING, nka Norwest Bank — Cheyenne, as Testamentary Trustee Under the Last Will and Testament of John H. Bell, Deceased, Appellee (Plaintiff), The First National Bank & Trust Company of Wyoming, nka Norwest Bank — Cheyenne, as Testamentary Trustee of the Bell Trust under the Last Will and Testament of John H. Bell, Deceased; et al., Appellees (Counterclaim Defendants), First Wyoming Bank, N.A. — Cheyenne, as personal representative of the Estate of Floyd T. Hale, deceased, R.O. Corporation, and Melvin Wright, Appellees, Mary Gergen, et al. (Counterclaim Defendants), DePaul Hospital, et al. (Crossclaim Defendants).

Supreme Court of Wyoming.

Reconsideration Denied October 8, 1986.


Attorney(s) appearing for the Case

William D. Bagley, of Rooney, Bagley, Hickey, Evans & Statkus, Cheyenne, for appellants John N. and Norma Morris.

Thomas N. Long, of Hirst & Applegate, Cheyenne, for appellant DePaul Hosp. and John J. Maier, Torrington, for appellant St. Joseph's Orphanage, nka St. Joseph's Children's Home.

Walter M. Kelly, II and Phillip C. Gans, of Cogswell and Wehrle, Denver, Colo., and Vincent J. Horn, Jr., Cheyenne, for Joseph Bell and Ray Bell.

Richard P. Boley, of Lathrop & Uchner, P.C., Cheyenne, for appellee The First Nat. Bank & Trust Co. of Wyoming, nka Norwest Bank — Cheyenne, as Testamentary Trustee of the Bell Trust Under the Last Will and Testament of John H. Bell, Deceased.

Frederick G. Loomis, of Loomis, Lazear, Wilson & Pickett, Cheyenne, for appellee The First Nat. Bank & Trust Company of Wyoming, nka Norwest Bank — Cheyenne, as Personal Representative and Testamentary Trustee of the Estate of Marie J. Bell, Deceased.

Stanley K. Hathaway and Rick A. Thompson, of Hathaway, Speight and Kunz, Cheyenne, for appellees, Estate of Floyd T. Hale, R.O. Corp. and Melvin Wright.

Before THOMAS, C.J., and BROWN and CARDINE, JJ., and GUTHRIE and RAPER, JJ., Retired.


BROWN, Justice.

In a complex case involving mutual and reciprocal wills, we are asked to examine the judgment rendered by the district court. Four appeals have been effected to this court and we have consolidated them for disposition.

First National Bank and Trust Company of Wyoming (now Norwest Bank of Cheyenne, Wyoming, N.A., hereinafter Norwest) as testamentary trustee of the estate of John Bell, filed a declaratory action to resolve disputes concerning...

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