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STEELSMITH v. TROUT

Nos. 28472, 28473.

76 P.3d 960 (2003)

139 Idaho 216

In the Matter of the Estate of Laurence Archie Steelsmith, Deceased. Clarence F. STEELSMITH, in his capacity as Personal Representative of the Estate of Laurence Archie Steelsmith, Petitioner-Appellant, v. James B. TROUT, Respondent.

Supreme Court of Idaho, Boise, April 2003 Term.

Rehearing Denied September 22, 2003.

Attorney(s) appearing for the Case

Clark & Feeney, Lewiston, for appellant Steelsmith Estate. Paul T. Clark argued.

Lukins Annis, Coeur d'Alene, for appellant Steelsmith individual. Mischelle R. Fulgham and Martin G. Weber argued.

Landeck Westberg Judge & Graham, Moscow, for respondent. Charles Graham argued.

SCHROEDER, Justice.

This is a contest involving the will of Laurence Steelsmith (the Testator). A dispute involving the interpretation of a conditional bequest has arisen between Clarence Steelsmith (Steelsmith) and James "Butch" Trout (Trout). Clarence is the Testator's brother, business partner, and personal representative of the Testator's estate. Trout is the Testator's cousin and beneficiary under the Testator's will. The dispute involves the interpretation of...

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