MATTER OF ESTATE OF GREGORY

No. 79CA1024.

616 P.2d 186 (1980)

In the Matter of the ESTATE of Vera Marie GREGORY, also known as Vera M. Gregory and as Vera Gregory, Deceased. Emma WITHERSPOON, Allena Sams, J. B. Sams, R. E. Sams, Christine Rogers, Ottie Lee Sams, B. T. Layman, James H. Layman, W. E. Layman, Lillie Mae Jones and Robert Hill, Petitioners-Appellants, v. Dwight P. SANFORD and Vernon Sanford, Respondents-Appellees.

Colorado Court of Appeals, Div. I.

July 31, 1980.


Attorney(s) appearing for the Case

Eugene F. Costello, P.C., Eugene F. Costello, Denver, for petitioners-appellants.

Irwin L. Sandler, Arthur W. Zarlengo, C. Mert Reese, Denver, for respondents-appellees.


SMITH, Judge.

Petitioners, maternal heirs of decedent, appeal an order of the trial court dividing decedent's estate equally between maternal and paternal heirs when the paternal heirs are more remotely related to decedent than are the maternal heirs. We reverse and remand with directions.

Decedent died without issue January 18, 1968, and left a will leaving her estate to her sister and her mother, both of whom had predeceased her. The assets of the estate...

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