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  5. 751 P.2d 1008 (1987)
 

MATTER OF FERGUSON

No. 85CA0854.

751 P.2d 1008 (1987)

In the Matter of the Trusts Created by John A. FERGUSON and by John A. and Karrie J. Ferguson, Settlors. The FIRST INTERSTATE BANK OF DENVER, Petitioner-Appellant and Cross-Appellee, v. NAGEL INVESTMENT COMPANY, a Colorado corporation, Respondent-Appellee and Cross-Appellant.

Colorado Court of Appeals, Div. II.

On Petition for Rehearing, Opinion Modified and, as Modified, Reissued October 15, 1987.

Attorney(s) appearing for the Case

Conover, McClearn & Heppenstall, P.C., Michael S. McCarthy, Anne W. Kleinkopf, Jo Frances Walsh, Denver, for petitioner-appellant and cross-appellee.

Holland and Hart, Ralph F. Crandell, Brian K. Fahselt, Denver, for respondent-appellee and cross-appellant.

SMITH, Judge.

In this action for a declaratory judgment, petitioner, First Interstate Bank of Denver (Bank), appeals the probate court's judgment entered in favor of respondent, Nagel Investment Company (Nagel), on issues concerning interpretation of building provisions in a lease. Nagel cross-appeals the judgment of the court entered in favor of the Bank on the issue of whether an option to buy the land that was leased to the Bank violates the rule against perpetuities...

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