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SECURITY S&L v. ESTATE OF KITE

No. 91CA1384.

857 P.2d 430 (1992)

SECURITY SAVINGS & LOAN ASSOCIATION, Petitioner-Appellee, v. The ESTATE OF Weldon F. KITE and First Interstate Bank of Denver, N.A., as personal representative, Respondents-Appellants.

Colorado Court of Appeals, Div. II.

Rehearing Denied November 27, 1992.

Attorney(s) appearing for the Case

Burk & Kimmell, Jerry C. Burk, Englewood, for petitioner-appellee.

Bostrom & Sands, P.C., Jon F. Sands, Denver, for respondents-appellants.

Opinion by Judge PIERCE.

The Estate of Weldon F. Kite (the Estate) appeals the summary judgment entered by the probate court in favor of Security Savings & Loan Association (Security) on its petition for allowance of claim. We reverse and remand.

On February 29, 1985, Weldon F. Kite, a limited partner of Delaware Properties, Ltd. (the Partnership), executed a guaranty agreement in favor of Mortgage Finance, Inc. Service Corporation (Mortgage Finance),...

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