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MATTER OF ESTATE OF ASHE

No. 16818.

753 P.2d 281 (1988)

114 Idaho 70

In the Matter of the ESTATE OF Esther ASHE, aka Esther F. Ashe, Deceased. Sam ASHE, Plaintiff-Appellant, v. Jack HURT, Michael R. Hurt, Allen L. Hurt, Brett W. Hurt, Adam L. Hurt, Kevin L. Hurt, Timothy Hurt, Individuals, and James E. Schiller, In His Capacity As Personal Representative of the Estate of Esther Ashe, Deceased, Defendants-Respondents.

Court of Appeals of Idaho.

Petition for Review Granted June 9, 1988.

Attorney(s) appearing for the Case

Merlyn W. Clark, Hawley, Troxell, Ennis & Hawley, Boise, for plaintiff-appellant.

Gary L. Morgan, Caldwell, for defendants-respondents.

SMITH, Judge Pro Tem.

This is an appeal from an order made in the administration of a decedent's estate, with respect to the inclusion, and exclusion, of certain property in the estate. The order was entered in the magistrate division in Owyhee County, in the estate of Esther Ashe, deceased. The petition of Sam Ashe, surviving husband of the decedent, to classify a Merrill-Lynch brokerage account as his separate property pursuant to a joint tenancy agreement, and...

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