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MATTER OF THE ESTATE OF COLACCI

No. 75-424.

549 P.2d 1096 (1976)

In the Matter of the ESTATE of Mike COLACCI, a/k/a Michael Arcangelo Colacci, Deceased. UNITED BANK OF BOULDER, Colorado, Administrator C.T.A. of the Estate of the Deceased, and Joseph Colacci, a son of the Deceased, Plaintiffs-Appellees, v. Mrs. Mary STANTON et al., Defendants-Appellants.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 11, 1976.

Certiorari Granted May 17, 1976.

Attorney(s) appearing for the Case

Rothgerber, Appel & Powers, Ira C. Rothgerber, Jr., Gregory L. Williams, Denver, for plaintiff-appellee Joseph Colacci.

Holme, Roberts & Owen, Lucius E. Woods, Judson W. Detrick, Arthur H. Colas, Jr., Denver, for defendants-appellants.

Selected for Official Publication.

SMITH, Judge.

This appeal presents the question of whether the donee of a testamentary gift, who is indebted to the testator for more than the value of his gift, will be permitted to disclaim his interest so that his issue, who are not indebted to the estate, may take the gift undiminished by any claim or exercise of retainer by the administrator of the estate. We hold that, since the statute, in effect at all times pertinent...

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