OAKLEY v. ROTENBERRY

No. 19305.

361 P.2d 437 (1961)

Rose OAKLEY as Proponent of the Last Will and Testament of Susan Katherine Rotenberry, aka Katherine Susan Rotenberry, aka Katherine Larson, Plaintiff in Error, v. Astor L. ROTENBERRY, Caveator, Defendant in Error.

Supreme Court of Colorado. In Department.

May 1, 1961.


Attorney(s) appearing for the Case

Paul S. Dwyer, Gail H. Haddock, Denver, for plaintiff in error.

Carl M. Perricone, Gaspar F. Perricone, Denver, for defendant in error.


SUTTON, Justice.

The sole question presented by this writ of error is whether there was sufficient conflict in the evidence before the trial court as to require submission of the issue in question to the jury. If so the judgment must be affirmed.

Briefly the facts of the case are as follows:

Defendant in error, Astor L. Rotenberry, hereafter referred to as "Astor", married Susan Katherine Larson, a widow, hereafter referred to as "Susan", in 1948....

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