POWELL v. ESTATE OF FLETCHER

No. 05-84.

128 P.3d 670 (2006)

2006 WY 21

Jane Sharrai POWELL, Appellant (Petitioner), v. The ESTATE OF John Ewing FLETCHER, Deceased, Appellee (Respondent).

Supreme Court of Wyoming.

February 21, 2006.


Attorney(s) appearing for the Case

Representing Appellant: Jody L. James of James and Scott, P.C., Rock Springs, Wyoming, and Edward G. Collister, Jr. of Collister & Kampschroeder, Lawrence, Kansas.

Representing Appellee: George Lemich and Clark Stith of Greenhalgh, Beckwith, Lemich, Stith & Cannon, P.C., Rock Springs, Wyoming.

Before HILL, C.J., and GOLDEN, KITE, VOIGT, and BURKE, JJ.


VOIGT, Justice.

[¶ 1] Jane Powell married John Fletcher in 1963. She subsequently married Ralph Takemire in 1995. In 2003, Fletcher passed away. Powell was not granted a share of Fletcher's estate under his will, so she sought her spousal elective share pursuant to Wyo. Stat. Ann. § 2-5-101 (LexisNexis 2005). The district court, sitting in probate, denied Powell's claim. We affirm.

ISSUE

[¶ 2] Did the district court err when it placed...

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