Crenshaw v. Bussey

Opinion by

Judge GRAHAM.

The trial court concluded as a matter of law that the Colorado dead man’s statute did not exclude testimony by Beryl I. Bussey, who asserted a right to be the personal representative of the estate of Theodore Cren-shaw by virtue of her purported common law marriage to him. Tedd Crenshaw and Jeff Crenshaw (the Crenshaws), sons of the decedent from a previous marriage, appeal the resulting judgment in Bussey’s favor. We agree that the trial court erred in admitting Bussey’s testimony, and therefore we vacate the judgment and remand.

Bussey and the decedent met in 1987, and…