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JOLLY v. O'BRIEN

No. 85CA0476.

749 P.2d 1000 (1987)

John Thomas JOLLY, Cheryl A. Jolly, Frances M. Jolly, Robert Jay Jolly, Norma Ann Hill, also known as Norman A. Hill, and Barbara Jolly, as personal representative of the Estate of George Patrick Jolly, Deceased, Plaintiffs-Appellees, v. William D. O'BRIEN, also known as W.D. O'Brien and as Wm. D. O'Brien, Becky Mae Northcut Maxwell, Beade O'Brien Northcut, Velma Gills, also known as Velma O'Brien Gills, L.V. Gills, Georgie Clements, also known as Georgie O'Brien Clements, H.A. Clements, Ellis H. O'Brien, also known as Polly O'Brien Massey, Harold Massey, Donald Dean Curttright, Jr., and Joe Lynn O'Brien, as Independent Executors of the Last Will and Testament of Margaret Carolyn O'Brien, also known as Margaret O'Brien, Anna D. O'Brien, also known as Anna Dee O'Brien, William D. O'Brien as Executor of the Estate of Genevra O'Brien, Deceased, William D. O'Brien, Trustee of the G.W. O'Brien Trust, Audrey Rhodes Fiel, and as Trustee of the Charles Richard Fiel and Robert Alan Trust, also known as the testamentary Trustee of the Charles A. Fiel, Jr. Trust for the benefit of Charles Richard Fiel and Robert Alan Fiel, Defendants-Appellants.

Colorado Court of Appeals, Division I.

December 31, 1987.

Attorney(s) appearing for the Case

Paynter & Hoyer, W.B. Paynter, Akron, for plaintiffs-appellees.

Davis, Graham & Stubbs, Alan M. Loeb, Denver, for defendants-appellants.

PIERCE, Judge.

Defendants, grantors of various parcels of land, appeal a trial court judgment entered in favor of plaintiffs, successors in interest of the land. We reverse.

This dispute arises from the trial court's interpretation of a reservation clause contained in a conveyance deed. The deed purportedly conveyed grantors' undivided one-half interest in the property to plaintiffs' predecessor in interest, with the exception of an undivided one-half interest...

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