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MATTER OF ESTATE OF JENKINS

No. 94SC634.

904 P.2d 1316 (1995)

In the Matter of the ESTATE OF Thomas E. JENKINS, Deceased. James T. McCLAIN, Petitioner, v. Mary E. TAYLOR, Terry R. Mesch, Sherry M. Mesch, Mary F. Machinal, and Gary W. Mesch, and First Interstate Bank of Denver, Respondents.

Supreme Court of Colorado, En Banc.

November 6, 1995.

Attorney(s) appearing for the Case

Don A. McCullough, Denver, for Petitioner.

Durham & Baron, Paul J. Hanley, Denver, for Respondents Mary E. Taylor, Terry R. Mesch, Sherry M. Mesch, Mary F. Machinal, and Gary W. Mesch.

No appearance on behalf of Respondent First Interstate Bank of Denver

Chief Justice VOLLACK delivered the Opinion of the Court.

We granted certiorari to review the Colorado Court of Appeals' decision in In re Estate of Jenkins, 890 P.2d 188 (Colo.App. 1994), a case brought by James T. McClain ("McClain" or "James") claiming that he is a beneficiary of the testamentary trust created by Thomas Jenkins ("Jenkins"). The issues before us are whether...

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