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IN RE ESTATE OF DAVIS

775 A.2d 1127 (2001)

2001 ME 106

ESTATE OF Charles Loyde DAVIS.

Supreme Judicial Court of Maine.

Decided: July 18, 2001.

Attorney(s) appearing for the Case

Robert E. Sandy Jr., Sherman & Sandy, Waterville, ME, for appellants.

Michael A. Cunniff, Preti, Flaherty, Beliveau, Pachios & Haley, LLC, Portland, ME, for James Vigue.

Alton C. Stevens, Marden, Dubord, Bernier & Stevens, Waterville, ME, for Charles B. Davis Co., Inc.

J. William Batten, Jabar, Batten, Ringer & Murphy, Waterville, ME, for Peter Bolduc.

Daniel J. Dubord, Joly & Dubord, Waterville, ME, for Key Trust Company, N.A.

Panel: WATHEN, C.J., and CLIFFORD, RUDMAN, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.

CALKINS, J.

[¶ 1] Elaine Barstow and Lee Fotter appeal from the summary judgment entered in the Kennebec County Probate Court (Mitchell, J.) on the petition filed by Charles B. Davis Company, Inc. to determine the recipient of the residuary estate of Charles Loyde Davis. Davis' will leaves the residuary estate to the trustee of a 1972 trust that Davis established, and the trust provides for the distribution of the trust assets. At issue is whether the...

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