Legal Opinion

Claim of Gosch v. Estate of Gomez

Supreme Court of Colorado

Decided March 3, 1969No. 22388PublishedCited by 6 opinions

1Opinion of the Court

Opinion by

Mr. Justice Pringle.

This case involves a claim against the estate of Fráncisco C. Gomez. After a rather informal trial, the trial court concluded that Henry Gosch had not sustained his burden of proving his claim to $1134.96, “or any other amount.” Gosch contends here that his evidence established clear and convincing proof of a claim for $1134.96, and that the trial court erred as a matter of law in finding for the estate.

The law is settled in this state that evidence in support of a claim against an estate must be clear and convincing. E.g., In re Larson’s Estate, 108 Colo. 58,…

2Cases cited1 opinion

  1. Larson v. Poudre Valley National BankSupreme Court of Colorado · 1941

3Cited by6 opinions

  1. Littlehorn v. StratfordSupreme Court of Colorado · 1982
  2. Cavanah v. MartinAlaska Supreme Court · 1979
  3. Heimer v. Board of Educ., Adams CountyColorado Court of Appeals · 1995
  4. Kearney Inv. Corp. v. CAPITOL FS & L. ASS'N OF DENVERSupreme Court of Colorado · 1969
  5. Kearney Investment Corp. v. Capitol Federal Savings & Loan Ass'nSupreme Court of Colorado · 1969

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