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HILBERT v. BENSON

No. 95-242.

917 P.2d 1152 (1996)

William C. HILBERT, individually and as Guardian of the Guardianship of Virginia M. Hornig, Appellant (Defendant/Third-Party Plaintiff), v. Eugene H. BENSON, as Trustee for the Trust Estate of Virginia M. Hornig, Appellee (Plaintiff), and Frederick J. Harrison, Appellee (Third-Party Defendant).

Supreme Court of Wyoming.

June 3, 1996.

Attorney(s) appearing for the Case

Cary R. Alburn, III, of Alburn & Earnshaw, P.C., Laramie, for appellant Hilbert.

Kermit C. Brown and Bruce B. Waters of Smith, Stanfield & Scott, LLC, Laramie, for appellee Benson.

Lawrence G. Orr of Orr, Buchhammer & Kehl, Cheyenne, for appellee Harrison.

Before GOLDEN, C.J., and THOMAS, MACY, TAYLOR, and LEHMAN, JJ.

GOLDEN, Chief Justice.

In a declaratory judgment action filed by a trustee against a guardian, the district court determined that trustor, Virginia Hornig (Hornig), possessed capacity and that appellee Frederick Harrison (Harrison), trustor's attorney, did not exert undue influence over her when she executed an irrevocable trust. Hornig's guardian, appellant William Hilbert (Hilbert), appeals the decision.

We affirm...

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