Mitchem v. First Interstate Bank of Denver, N.A.

Opinion by

Judge PLANK.

The plaintiff, Gerald Henry Mitchem, appeals the district court’s judgment of dismissal entered in favor of defendant, First Interstate Bank. We affirm.

Plaintiff is the sole heir-at-law and next of kin of his brother, Robert A. Mitchem (Robert). First Interstate was named as personal representative for the wills of Robert and his wife. First Interstate was also appointed trustee of two family trusts created by the wills.

Robert’s will provides that if his wife survives him, she is to become the sole beneficiary of his will. The will further provides that if his wife…