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IN RE ESTATE OF SCOTT

No. 03CA0631.

119 P.3d 511 (2004)

In the Matter of the ESTATE OF William C. SCOTT, Deceased. Samuel C. Scott, Appellant, v. Mark A. Scott, Appellee.

Colorado Court of Appeals, Division II.

Rehearing Denied February 24, 2005.

Certiorari Granted August 22, 2005.

Attorney(s) appearing for the Case

Hamil/Hecht, LLC, J. Lawrence Hamil, Fred Furst, Denver, Colorado, for Appellant.

Sims & Boster, C. Garold Sims, Frank W. Suyat, Denver, Colorado, for Appellee.

Opinion by Judge CARPARELLI.

In this probate proceeding, Samuel C. Scott (proponent), appeals the probate court's order granting partial summary judgment in favor of Mark A. Scott (objector) and denying partial summary judgment to proponent, determining that William C. Scott (decedent), proponent's father and objector's grandfather, lacked the legal capacity to exercise a power of appointment. We reverse and remand for further...

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