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IN RE ESTATE OF EVARTS

No. 05CA2319.

166 P.3d 161 (2007)

In re the ESTATE OF E. Keith EVARTS, a/k/a, Keith Evarts, Deceased. Nancy Olson and Joyce Hill, Petitioners-Appellants, v. Alice Nugent, Personal Representative-Appellee, and Laurel Ann Evarts and David R. Evarts, Appellees.

Colorado Court of Appeals, Div. III.

Certiorari Denied August 13, 2007.

Attorney(s) appearing for the Case

Chris Mahre, P.C., Christopher Mahre, Grand Junction, Colorado, for Petitioners-Appellants.

Hoskin, Farina & Kampf, P.C., John T. Howe, Grand Junction, Colorado, for Personal Representative-Appellee.

Dufford, Waldeck, Milburn & Krohn, L.L.P., William H.T. Frey, Cindy C. Lay, Grand Junction, Colorado, for Appellees.

Opinion by Judge ROMÁN.

In this probate proceeding, petitioners, Nancy Olson and Joyce Hill, appeal the district court order denying their petition to vacate an order of intestacy requested by the personal representative, Alice Nugent, in favor of the heirs, Laurel Evarts, David Evarts, and Eileen Fayle. Eileen Fayle, an heir and the mother of petitioners, does not participate in this appeal. We vacate the order and remand for further proceedings.

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