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ESTATE OF FREEMAN v. YOUNG

No. 22642.

473 P.2d 704 (1970)

ESTATE of W. S. FREEMAN, Deceased, Virginia Woodall, Caveatrix, Plaintiff in Error, v. John C. YOUNG, Jr., John J. Kelley, and Gerald H. Smith, Proponents, Defendants in Error.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing August 31, 1970.

Attorney(s) appearing for the Case

Tracy, Thorvilson & Osgood, Julius A. Tracy, Boulder, for plaintiff in error.

Hugh J. Ross, Colorado Springs, for all defendants in error.

John C. Young, Jr., pro se.

McWILLIAMS, Chief Justice.

This is a will contest case and the principal issue is whether the trial court correctly interpreted and applied C.R.S.1963, 154-1-2. This statute is ofttimes referred to as the "dead man's statute" and will hereinafter be referred to as such.

W. S. Freeman died leaving a last will and testament which had been drawn by one John C. Young, Jr., acting as the attorney for Freeman. The will as drawn by Young was executed by Freeman in...

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