Legal Opinion

Schmitz v. United Bank of Greeley, N.A.

Colorado Court of Appeals

Decided February 25, 1993No. 92CA0375Published

1Opinion of the Court

Opinion by

Judge DAVIDSON.

In this probate action, Alvin A. and Virginia Schmitz (beneficiaries) appeal from the trial court’s order ruling that four handwritten lists found with the formally executed and attested will of J. Genevieve Harrington (decedent) did not constitute holographic codicils to the will. The trial court ruled instead that the handwritten lists were only memoranda for the disposition of tangible personal property pursuant to § 15-11-513, C.R.S. (1987 Repl.Vol. 6B) and that the lists therefore did not effectively devise $25,000 to beneficiaries. We agree and, therefore,…

2Cases cited6 opinions

  1. Johnson v. JohnsonSupreme Court of Oklahoma · 1954
  2. Hospice of Metropolitan Denver v. BeckerditeColorado Court of Appeals · 1989
  3. Matter of Estate of SchmidtColorado Court of Appeals · 1981
  4. Matter of Estate of FegleyColorado Court of Appeals · 1978
  5. Matter of Estate of OlschanskyColorado Court of Appeals · 1987

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