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MATTER OF ESTATE OF LEWIN

No. 78-154.

595 P.2d 1055 (1979)

In the Matter of the ESTATE of Lewis H. LEWIN, Deceased. Emilie Orban LEWIN, Petitioner-Appellee and Cross-Appellant, v. The FIRST NATIONAL BANK OF DENVER, Personal Representative of the Estate of Lewis H. Lewin, Deceased, Respondent-Appellant and Cross-Appellee.

Colorado Court of Appeals, Division II.

Rehearing Denied February 22, 1979.

Certiorari Denied June 4, 1979.

Attorney(s) appearing for the Case

Mason, Reuler & Peek, P. C., Maurice Reuler, Rosanne M. Hall, Denver, for petitioner-appellee and cross-appellant.

Holme, Roberts & Owen, Peter H. Holme, Jr., William S. Huff, Martha T. Collins, Denver, for respondent-appellant and cross-appellee.

ENOCH, Judge.

Respondent, personal representative of the estate of Lewis Lewin, appeals from a judgment invalidating a post-nuptial agreement and allowing petitioner, wife of the decedent, to take an elective share of the estate contrary to the terms of the agreement. We reverse and remand.

Petitioner and Lewin were married in 1972 when petitioner was 70 and Lewin was 87. Each had issue by a prior marriage. Petitioner, a woman of artistic talent, had immigrated...

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