Matter of Estate of Grobman

STERNBERG, Judge.

This will contest presents two issues: the burden of proof of testamentary capacity under § 15-12-407, C.R.S.1973, and the applicable rules for the construction of a holographic will pursuant to § 15-11-503, C.R.S. 1973.

On May 5, 1969, Rosa Grobman executed a formal, attested will nominating Edward A. Jersin, the appellee, as executor of her estate. At the time of her death, this will had the effect of devising all of her property to decedent’s named distant relatives in Austria.

In 1976, she prepared a handwritten document which appellant Louisa Nunez, a neighbor who had…