Legal Opinion

Brown v. Johanson

Supreme Court of Colorado

Decided December 6, 1920No. 9795PublishedCited by 24 opinions

Action to enforce trust growing out of the execution of reciprocal wills by husband and wife, the wife having revoked her will after the death of the husband. Judgment for plaintiffs. On Application for Supersedeas. Error to the District Court of the City and County of Denver, Hon. Charles C. Butler, Judge.

1Opinion of the CourtJustice Burke

Mr. and Mrs. J. S. Brown were married in 1883. Mr. Brown died January 15, 1913, and’ Mrs. Brown February 12, 1916. Plaintiffs in Error, hereinafter referred to as defendants, are their children. Defendants in Error, hereinafter referred to as plaintiffs, are the children of Mr. Brown by a former marriage.

November 5, 1910, Brown and his wife executed separate wills. These wills were drawn by the same lawyer (former U. S. Senator, Henry M. Teller, now deceased), written by the same stenographer (C. J. Northrup, who testified herein), and witnessed by the same persons (George H. and John W.…

2Cases cited5 opinions

  1. Edson v. . ParsonsNew York Court of Appeals · 1898
  2. Carmichael v. CarmichaelMichigan Supreme Court · 1888
  3. Stevens v. MyersOregon Supreme Court · 1918
  4. Brown v. WebsterNebraska Supreme Court · 1912
  5. Horton v. StegmyerCourt of Appeals for the Eighth Circuit · 1910

3Cited by24 opinions

  1. Canada v. IhmsenWyoming Supreme Court · 1925
  2. Kirk v. BeardTexas Supreme Court · 1961
  3. Godwin v. Wachovia Bank & Trust CompanySupreme Court of North Carolina · 1963
  4. Clements v. JonesSupreme Court of Georgia · 1928
  5. Schauer v. SchauerNew Mexico Supreme Court · 1939

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