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IN RE PIERPONT'S ESTATE

No. 9022.

10 Utah 2d 49 (1959)

347 P.2d 1114

IN THE MATTER OF ESTATE OF THOMAS FAIRCLOUGH PIERPONT, DECEASED. TRACY-COLLINS TRUST COMPANY AND VILATE P. DEVINE, APPELLANTS, v. MARGUERITE GESSFORD PIERPONT AND ELLA P. MEYER, RESPONDENTS.

Supreme Court of Utah.

December 30, 1959.

Attorney(s) appearing for the Case

Senior & Senior, Francis M. Gibbons, Salt Lake City, for appellants.

Warwick C. Lamoreaux, Allen Howe, Salt Lake City, Morgan & Payne, Provo, for respondents.

CALLISTER, Justice.

Thomas Fairclough Pierpont died testate on September 14, 1954. His will was duly admitted to probate in the Fourth Judicial District Court in and for the County of Utah on October 22, 1954. Tracy-Collins Trust Company, under the terms of the will, was appointed executor.

The will, after providing for several specific bequests, contained the following provisions:

"Sixth: It is my desire that my Executor shall cause provision...

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