MATTER OF ESTATE OF BARTELL

No. 20795.

776 P.2d 885 (1989)

In the Matter of the ESTATE of Ernest Albin BARTELL, aka Ernest A. Bartell, aka Earnest A. Bartell, Deceased. Appeal of Lola BARTELL.

Supreme Court of Utah.

March 28, 1989.


Attorney(s) appearing for the Case

George K. Fadel, Bountiful, for appellant.

C. Gerald Parker, Ogden, for the personal representative of the estate.


MEMORANDUM OF DECISION

ZIMMERMAN, Justice:

Ernest Bartell died testate, but his will, executed before his marriage to Lola Bartell, did not mention her. Lola Bartell sought a declaration from the district court probating her husband's estate that she is an "omitted spouse" within the meaning of section 2-301(1) of the Utah Uniform Probate Code and is therefore entitled to an intestate share of her husband's estate. Utah Code Ann. § 75-2-301 (1978);...

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