MATTER OF ESTATE OF KERK

No. 80CA0691.

624 P.2d 373 (1981)

In the Matter of the ESTATE of John Laufman KERK, a/k/a John L. Kerk, Deceased. John H. KERK, as Personal Representative of the Estate of John Laufman Kerk, Petitioner, v. Marjorie CHRISTY, Caroline Iagulli and Ted Maedel, Jr., Heirs of John Laufman Kerk and Heirs of Rose Maedel, Respondents-Appellees, and John H. Kerk, Dallas Kerk, Willard Kerk, Warren Kerk, Bernice Choate, Barbara Olson, and Pauline Glassburn, Heirs of John Laufman Kerk, Respondents-Appellants.

Colorado Court of Appeals, Div. II.

January 29, 1981.


Attorney(s) appearing for the Case

John S. Kellogg, Denver, for respondents-appellees.

Edward B. Almon, Denver, for respondents-appellants.


KELLY, Judge.

Appellants seek to reverse the judgment of the probate court that the antilapse statute, § 15-11-605, C.R.S.1973, prevents an estate from passing by intestacy when the sole residuary beneficiary has predeceased the testator. We affirm.

The record indicates that the testator, John Laufman Kerk, devised his entire estate to his sister, Rose Maedel. She predeceased the testator and was survived by three children, who are appellees in this action...

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