JACKSON, Justice.
This case, involving the construction of a will, was before us on another phase in Christopher v. Cole, 118 Colo. 471, 196 P.2d 988. Its history and salient facts are set forth in the district court's findings and judgment entered after the second trial. These were:
"That A. S. Miller, late of the County of Adams and State of Colorado, departed this life on or about the 29th day of September, A.D. 1945; that thereafter the defendant herein...
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