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ESTATE OF ASHTON v. ASHTON

No. 900275-CA.

804 P.2d 540 (1990)

In the Matter of the ESTATE OF Kenneth Dale ASHTON, Plaintiff and Appellee, v. Steven ASHTON, Defendant and Appellant.

Court of Appeals of Utah.

December 31, 1990.

Attorney(s) appearing for the Case

Robert H. Wilde (argued), Midvale, for defendant and appellant.

John J. Borsos (argued), Salt Lake City, for plaintiff and appellee.

Before GARFF, JACKSON and ORME, JJ.

OPINION

GARFF, Judge.

Appellant, Steven Ashton, appeals the order determining the heirs of his father, Kenneth Dale Ashton, claiming that the operative language of the will conveys only a life estate. The court, in an order dated December 1, 1989, determined that Ruth Elizabeth Ashton, the deceased's second wife, took the estate free and clear of all claims of the children. We reverse and remand.

FACTS

Decedent, Kenneth Dale Ashton, and...

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