BAILEY v. KENNEDY

No. 21960.

425 P.2d 304 (1967)

Clarence W. BAILEY, Jr., and Beatrice Bailey Shmock, also known as Mrs. Carlton L. Shmock, Sr., Plaintiffs in Error, v. John M. KENNEDY, III, Benjamin F. Greathouse, Tillie G. Brown, Elizabeth G. Proctor, Elsie G. Talbot, Jessie Greathouse and Carolyn G. Miller, Defendants in Error.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 10, 1967.


Attorney(s) appearing for the Case

Peter L. Garrett, Ranger Rogers, Denver, for plaintiffs in error.

Charles S. Thomas, Denver, Clayton H. Morrison, Aurora, R. Russell Grant, Winchester, for defendants in error.


DAY, Justice.

The following facts are necessary to understand the question presented by this writ of error:

Morrison K. Bailey died in 1930 leaving a last will and testament designating his wife, Katherine G. Bailey, as beneficiary of a testamentary trust created by the instrument. In that will she was given the testamentary power of appointment over the trust. The will provided that in the absence of her exercise of the power of appointment by a will of her...

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