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KELLY v. McNEEL

Nos. S-10-0179, S-10-0190.

250 P.3d 1105 (2011)

2011 WY 79

Eva D. KELLY and Lee J. Kelly, in their individual capacities, Appellants (Plaintiffs), v. Roby L. McNEEL, Successor Trustee, Appellee (Defendant). In the Matter of the Guardianship and Conservatorship of Robert Lee McNeel, Eva D. Kelly, an individual, Appellant (Guardian), v. Roby Lee McNeel, Guardian and Conservator and Trustee of the Robert L. McNeel Living Trust, Appellee (Intervenor).

Supreme Court of Wyoming.

May 9, 2011.

Attorney(s) appearing for the Case

Representing Appellants in Case No. S-10-0179: Chris Edwards of Simpson, Kepler & Edwards, LLC, the Cody, Wyoming Division of Burg Simpson Eldredge Hersh & Jardine, PC, Cody, Wyoming.

Representing Appellee in Case No. S-10-0179: Henry F. Bailey, Jr. and Lance T. Harmon of Bailey, Stock & Harmon P.C., Cheyenne, Wyoming. Argument by Mr. Bailey .

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

KITE, Chief Justice.

[¶ 1] Following a bench trial, the district court concluded that Eva D. and Lee J. Kelly (the Kellys) exercised undue influence over Robert Lee McNeel. Accordingly, the district court invalidated the trust and will in which Mr. McNeel had named Mrs. Kelly as one of two beneficiaries in place of his son, Roby McNeel. In a separate proceeding, the district court granted Roby McNeel's motion to remove Mrs. Kelly as Mr. McNeel's guardian and...

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