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MATTER OF ESTATE OF SIMS

No. 950734-CA.

918 P.2d 132 (1996)

In the Matter of the ESTATE OF Marjorie S. SIMS, Deceased. Neil MITCHELL, Appellant and Cross-Appellee, v. Lynda WOOD, Appellee and Cross-Appellant.

Court of Appeals of Utah.

May 16, 1996.

Attorney(s) appearing for the Case

John E. Gates, Kim R. Wilson, and David L. Pinkston, Salt Lake City, for Appellant and Cross-Appellee.

John L. McCoy, Salt Lake City, for Appellee and Cross-appellant.

Before DAVIS, BENCH and JACKSON, JJ.

OPINION

BENCH, Judge:

Neil Mitchell appeals the trial court's entry of summary judgment in favor of Marjorie Sims's estate. Lynda Wood cross-appeals. We affirm in part and reverse in part.

BACKGROUND

Grant and Marjorie Sims enjoyed a long married life together. Mr. Sims died in 1991, leaving a will which provided for the creation of a bypass trust and designated Mrs. Sims the personal representative of his estate. He also named Mrs. Sims...

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