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MATTER OF ESTATE OF JENKINS

Nos. 93CA0229, 93CA0831.

890 P.2d 188 (1994)

In the Matter of the ESTATE OF Thomas E. JENKINS, Deceased. FIRST INTERSTATE BANK OF DENVER, Petitioner-Appellee, v. Mary E. TAYLOR, Terry Robert Mesch, Sherry Marie Mesch, Mary Frances Machinal, and Gary Willard Mesch, Respondents-Appellees and Cross-Appellants, v. James Thomas McCLAIN, Respondent-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied September 22, 1994.

Certiorari Granted March 6, 1995.

Attorney(s) appearing for the Case

No appearance for First Interstate Bank of Denver.

Durham & Baron, Paul J. Hanley, Denver, for respondents-appellees and cross-appellants.

Don A. McCullough, Denver, for respondent-appellant and cross-appellee.

Opinion by Judge CRISWELL.

Respondent, James T. McClain, appeals from orders of the Denver Probate Court determining that he is not a beneficiary of a testamentary trust established by the will of Thomas E. Jenkins (testator). McClain also appeals from the probate court's order awarding costs and attorney's fees to respondents Terry R. Mesch, Sherry M. Mesch, Mary F. Machinal, Gary W. Mesch (the Mesch grandchildren), and Mary E. Taylor. We affirm.

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