Witherspoon v. Sanford

SMITH, Judge.

Petitioners, maternal heirs of decedent, appeal an order of the trial court dividing decedent’s estate equally between maternal and paternal heirs when the paternal heirs are more remotely related to decedent than are the maternal heirs. We reverse and remand with directions.

Decedent died without issue January 18, 1968, and left a will leaving her estate to her sister and her mother, both of whom had predeceased her. The assets of the estate, therefore, must be treated as if decedent had died intestate. See Colorado v. Rogers, 140 Colo. 205, 344 P.2d 1073 (1959). Because the…