Legal Opinion
Caldwell v. Caldwell
Colorado Court of Appeals
Decided April 14, 2011No. 10CA0016PublishedCited by 1 opinion
1Opinion of the Court
Opinion by
Judge MARQUEZ.*
Petitioner, Maria Caldwell, appeals the probate court's order giving testamentary effect to words crossed out on decedent's holographic will. We affirm.
I. Background
On December 1, 2004, David Schumacher (decedent) executed a holographic will, which contained a clause devising shares of Meyers Land & Cattle stock to decedent's cousins, petitioner, Maria Caldwell, Cheryl Smart, and respondent, Deborah Caldwell.
On January 12, 2006, decedent met with his attorney, Michael (ilbert, to create a typed will. In a later hearing, attorney Gilbert testified he had no specific…
2Cases cited26 opinions
- Raleigh v. Performance Plumbing & Heating, Inc.Supreme Court of Colorado · 2006
- Johnson v. BriggsSupreme Court of Kansas · 1944
- Eder v. Methodist Episcopal Church Ass'nSupreme Court of Colorado · 1934
- LaFond v. BashamColorado Court of Appeals · 1984
- Murray v. Montgomery Ward Life InsuranceSupreme Court of Colorado · 1978
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3Cited by1 opinion
- In Re Estate of SchumacherColorado Court of Appeals · 2011