Estate of Freeman v. Young

This is a will contest case and the principal issue is whether the trial court correctly interpreted and applied C.R.S. 1963, 154-1-2. This statute is ofttimes referred to as the “dead man’s statute” and will hereinafter be referred to as such.

W. S. Freeman died leaving a last will and testament which had been drawn by one John C. Young, Jr., acting as the attorney for Freeman. The will as drawn by Young was executed by Freeman in the presence of Young and two other persons who were acting as witnesses thereto. In the will Young was named executor and the estate *324itself was divided between one…