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IN RE ESTATE OF WHITTMAN

No. 08CA0720.

220 P.3d 961 (2009)

In the Matter of the ESTATE OF Dean Allen WHITTMAN and Lily Whittman, Deceased. Deanna Whittman, as the personal representative of the Estate of Lily Whittman, Defendant-Appellant, v. Larry Foiles, Petitioner-Appellee.

Colorado Court of Appeals, Div. VI.

March 19, 2009.

Attorney(s) appearing for the Case

William L. Crosier, Greeley, Colorado, for Defendant-Appellant.

Witwer, Oldenburg, Barry & Johnson, LLP, John J. Barry, Greeley, Colorado, for Petitioner-Appellee.

Opinion by Judge STERNBERG.*

In this consolidated action involving a civil suit and two probate matters, Deanna Whittman, in her capacity as the personal representative for the estate of Lily Whittman (L.W. Estate), appeals from the trial court's order entering judgment for Larry Foiles (plaintiff). We affirm in part, reverse in part, and remand for further proceedings.

I. Background

Plaintiff sued Dean Allen Whittman...

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