Thatcher v. Thatcher
Supreme Court of Colorado
Appeal from District Court of Pueblo County. This is an agreed case calling for a construction of the third subdivision of the Colorado statute of descents and distributions. The statute as published in Mills’ Ann. Stats., vol.
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Appeal from District Court of Pueblo County. This is an agreed case calling for a construction of the third subdivision of the Colorado statute of descents and distributions. The statute as published in Mills’ Ann. Stats., vol. I, § 1524, is as follows : “ * * * Except in the cases above enumerated, the estate of every intestate shall descend and be distributed as follows: “ Mrst — To his children surviving, and the descendants of his children who are dead, the descendants, collectively, taking the share which their parents would have taken if living. “ Second — If there be no children nor…
1Opinion of the CourtChief Justice Hayt
This case presents a very unusual question with reference tb'the inheritance of property. The agreed facts, so far as they require notice, are substantially as follows, viz.:
In 1884 Henry C. Thatcher died intestate. At the time of his death he was the owner of both real and persona] *406property in Pueblo county and elsewhere in the state of Colorado. He left surviving him as his legal heirs, Sallie B. Thatcher his widow, and William N. Thatcher and Clarence Coolidge Thatcher, both minor children. William N Thatcher being a child by a former wife who died in 1873.
In the year 1885 Clarence died…
2Cases cited1 opinion
- Peacock v. SmartSupreme Court of Missouri · 1853
3Cited by2 opinions
- In re Leasing of State LandsSupreme Court of Colorado · 1893
- Witherspoon v. SanfordColorado Court of Appeals · 1980