Clayton v. Hallett
Supreme Court of Colorado
Appeal from the District Court of Arapahoe County. George W. Clayton, late of the eonnty of Arapahoe, departed this life on the 15th of August, 1899. Afterwards a document purporting to be his last will and testament was presented to the county court of Arapahoe county, and, on the 3rd of October, 1899, the said document was admitted to probate and record1 as the last will and testament of the said George W. Clayton, deceased.
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Appeal from the District Court of Arapahoe County. George W. Clayton, late of the eonnty of Arapahoe, departed this life on the 15th of August, 1899. Afterwards a document purporting to be his last will and testament was presented to the county court of Arapahoe county, and, on the 3rd of October, 1899, the said document was admitted to probate and record1 as the last will and testament of the said George W. Clayton, deceased. Moses Hallett was appointed sole executor, 'William M. Clayton not having survived his brother. The fourteenth and fifteenth clauses of the will are as follows :…
1Opinion of the CourtJustice Steele
We shall not dwell upon the objection made that the county court was the proper tribunal in which to bring this action, and that the plaintiff, by not contesting in the county court, waived his right to question the validity of the will or any of its devises in any other proceeding, because we are not required to pass upon these questions in order to determine this controversy. We should, perhaps, suggest that the statute makes the probate of a will in this state a solemn proceeding, and that it appears to invest the county court with jurisdiction-to determine, all ques*242tions of law and fact…
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