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IN RE GABRIEL'S ESTATE

No. 16436.

227 P.2d 344 (1951)

123 Colo. 229

In re GABRIEL'S ESTATE. ECCLES v. GABRIEL.

Supreme Court of Colorado, en Banc.

Petition for Modification Denied February 8, 1951.

Attorney(s) appearing for the Case

Isaac Mellman, Denver, for plaintiff in error.

Clifford W. Mills, Denver, for defendant in error.

MOORE, Justice.

July 16, 1948, one John H. Gabriel executed his last will and testament naming C. E. Eccles and William Joseph Gabriel executors thereof. On September 13, 1948, the said will was admitted to probate following the death of said testator.

William Joseph Gabriel filed his petition in the probate court requesting construction of paragraph fifth of the will. He alleged that said paragraph was ambiguous and that the rights of persons named therein...

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