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HEDRICK v. WEST ONE BANK, IDAHO, N.A.

No. 19683.

853 P.2d 548 (1993)

123 Idaho 803

In re Testamentary Trust Established Under Will of Lloyd H. Klingensmith, Deceased. Annetta HEDRICK, David Winn, as personal representative of the Estate of Harry Klingensmith, Deceased; Joel Klingensmith; Kay Winn; Jeanne Stratton Canfield; Warren Stratton; and Naomi M. Hamilton, Appellants-Respondents on Appeal, v. WEST ONE BANK, IDAHO, N.A., as personal representative of the Estate of Lourayne E. Klingensmith, Deceased, Respondent-Appellant on Appeal.

Supreme Court of Idaho, Boise, January 1993 Term.

Rehearing Denied May 25, 1993.

Attorney(s) appearing for the Case

Holland & Hart, Boise, for appellant. J. Frederick Mack (argued).

Elam, Burke & Boyd, Boise, for respondents Hedrick, David Winn, Joel Klingensmith, Kay Winn, Jeanne Stratton Canfield and Warren Stratton. Robert M. Tyler, Jr., (argued).

REINHARDT, Justice, Pro Tem.

Appellant, West One Bank of Idaho (West One), representing the estate of Lourayne E. Klingensmith, appeals from the district court's order reversing the magistrate's finding that the estate of Lourayne Klingensmith was entitled to the undistributed income of a testamentary trust. We reverse the decision of the district court, and although we affirm the conclusion of the magistrate court, we do so on different grounds.

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