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MATTER OF ESTATE OF PALIZZI

No. 92SC303.

854 P.2d 1256 (1993)

In the Matter of the Estate of Tony PALIZZI, Jr., also known as Anthony Palizzi, Jr., Deceased. Margaret M. PALIZZI, Personal Representative of the Estate of Carl A. Palizzi, Deceased, Petitioner, v. Tom PALIZZI, Personal Representative of the Estate of Tony Palizzi, Jr., also known as Anthony Palizzi, Jr., Deceased, Respondent.

Supreme Court of Colorado, En Banc.

July 6, 1993.

Attorney(s) appearing for the Case

Michael R. Dice and Marcy G. Baysinger, Denver, for petitioner.

Gehler & Merrigan, Robert R. Gehler and Paula B. Gerlach, Commerce City, for respondent.

Justice ERICKSON delivered the Opinion of the Court.

This is a will contest which centers on whether the testator's devise of farm land also included water rights. Margaret M. Palizzi, the personal representative of the Estate of Carl A. Palizzi (the petitioner), filed an action against Tom Palizzi, the personal representative of the Estate of Anthony Palizzi, Jr. (the respondent). The Adams County District Court determined that the water rights were appurtenant to...

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