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BREEDEN v. STONE

No. 98SC570.

992 P.2d 1167 (2000)

In the Matter of the Estate of Spicer H. Breeden, Deceased: Holly Breeden Connell, and Vic E. BREEDEN, III, Petitioners, v. Sydney STONE, Respondent.

Supreme Court of Colorado, En Banc.

January 18, 2000.

Attorney(s) appearing for the Case

Semler & Associates, P.C., R. Parker Semler, Denver, Colorado, Attorneys for Petitioners.

Gelt, Fleishman & Sterling, P.C., Dana E. Steele, Harry W. Sterling, Denver, Colorado, Attorneys for Respondent.

Justice RICE delivered the Opinion of the Court.

This court granted certiorari to address two issues raised by Petitioners Holly Breeden Connell and Vic E. Breeden, III (Petitioners).1 First, Petitioners argue that the probate court incorrectly applied both the "insane delusion" and the Cunningham2 elements tests for testamentary capacity and improperly merged the insane delusion test with the Cunningham...

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