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MATTER OF ESTATE OF FITZGERALD

No. 860054-CA.

738 P.2d 236 (1987)

In the Matter of the ESTATE OF Ronald E. FITZGERALD. Appeal of Darrell Thomas COSSEY.

Court of Appeals of Utah.

June 17, 1987.

Attorney(s) appearing for the Case

Lee Anne Walker, Virginia Curtis Lee, Walker & Lee, Salt Lake City, for appellant.

J. Harold Call, Heber, for respondent.

Before Judges BILLINGS, GARFF and JACKSON.

MEMORANDUM DECISION

JACKSON, Judge:

Darrell Thomas Cossey, the foster son of decedent Ronald Fitzgerald, appeals an order of the Third District Court appointing decedent's brother, Kenneth L. Fitzgerald, as personal representative of decedent's estate and implicitly holding two holographic wills invalid. The order was issued after appellant's motion for summary judgment, without hearing. We vacate the order and remand.

Ronald Fitzgerald died in Summit...

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