Hoecker v. United Bank of Boulder

MEMORANDUM OPINION AND ORDER

CHILSON, Judge.

This matter is before the Court upon the defendants’ motion to dismiss for failure of the complaint to state a claim upon which relief can be granted.

The complaint alleges that on March 4, 1970, Michael Colacci, the father of the defendants, Anthony and Joseph Colaeci, died, domiciled in Boulder County, Colorado, leaving a will in which he left all of his property to his two sons, Anthony and Joseph, in equal shares. The will also provided that should either of the sons predecease the testator, the share that would have gone to the deceased son would…