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IN RE ESTATE OF ETCHART

No. 25057.

500 P.2d 363 (1972)

In the Matter of the ESTATE of John Joseph ETCHART, a/k/a John J. Etchart and John Etchart, Deceased. Lois Lucille CABLE, Caveatrix-Appellant, v. Mary Margaret NELSON and R. J. Nelson, Proponents-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 11, 1972.

Attorney(s) appearing for the Case

Albert T. Frantz, James B. Radetsky, Lakewood, Tom W. Neal, Herbert M. Boyle, Denver, for caveatrix-appellant.

Fred E. Sisk, Las Animas, Holme, Roberts & Owen, Richard L. Schrepferman, Denver, for proponents-appellees.

ERICKSON, Justice.

The appellant, Lois Lucille Cable, filed a caveat in 1970 seeking to establish her right to inherit from the deceased, John Joseph Etchart, in contravention of his Last Will and Testament. She claims to be decedent's illegitimate daughter and as such his only child and sole heir. Pursuant to 1965 Perm.Supp., C.R.S.1963, 153-5-34, the issue of heirship was severed and tried apart from the issues relating to the validity of the will. See 1965...

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