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MATTER OF ESTATE OF ROYAL

No. 91SC228.

826 P.2d 1236 (1992)

In the Matter of the ESTATE OF Clarence ROYAL, Deceased. Waynetta NEAL, Petitioner, v. Clarence ROYAL, Jr., William Royal, Robert Wayne Royal, and Marshall G. Royal, Respondents.

Supreme Court of Colorado, En Banc.

January 27, 1992.

Attorney(s) appearing for the Case

Bradley, Campbell, Carney & Madsen, P.C., Laura J. Vogelgesang, Golden, for petitioner.

Hutchinson, Black, Hill & Cook, James England, Forrest E. Cook, Heather Ryan, Boulder, for respondents.

Chief Justice ROVIRA delivered the Opinion of the Court.

We granted certiorari to determine whether a will is validly executed when witnesses to the testator's signing of the will do not themselves sign the document until after the death of the testator. The court of appeals adopted a rule that allows attestation of a will after the testator's death upon a showing of exceptional circumstances which make it impossible or extremely impractical for the witnesses to sign...

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