In Re the Estate of Loughmiller

The opinion of the court was delivered by

Herd, J.:

Sam L. Loughmiller, Jr., executor of the estate of Owen C. Loughmiller, deceased, appeals from a trial court decision holding Peggy L. Loughmiller was legally married to the deceased and that the property settlement agreement between Peggy and Owen was not a valid consent to the will and failed as a post-nuptial agreement.

The facts are undisputed. Owen C. Loughmiller and Peggy L. Loughmiller were first cousins and were married August 30, 1973, in Lamar, Colorado, in a Methodist church by a Methodist minister, in accordance with the laws of…