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THORNTON v. ESTATE OF THORNTON

No. 22030.

918 P.2d 1218 (1996)

128 Idaho 773

Laura THORNTON, Plaintiff-Appellant, v. ESTATE OF Stuart B. THORNTON and Diane Hickox, individually, and as personal representative of the Estate of Stuart B. Thornton, deceased, Defendants-Respondents.

Supreme Court of Idaho, Boise, April 1996 Term.

June 20, 1996.

Attorney(s) appearing for the Case

Derr & Associates, Boise, for appellant. Allen R. Derr and Lawrence G. Sirhall, Jr., argued.

Manweiler, Bevis & Cameron, P.A., Boise, for respondents. Howard I. Manweiler argued.

McDEVITT, Chief Justice.

This is a case involving Laura Thornton's (Laura) discovery of approximately $250,000 of community property that her late ex-husband, Stuart Thornton (Stuart), had secreted from Laura prior to Laura and Stuart's divorce and Stuart's death. Laura appeals the magistrate division's dismissal of her attempt to recover her share of the community property in Stuart's probate proceedings. We vacate the decision of the magistrate and remand.

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