IN RE ESTATE OF KISER

No. 02CA0765.

72 P.3d 425 (2003)

In the Matter of the ESTATE OF Adeline M. KISER, Deceased. Kathryn McDonald Freedman, a/k/a Katherine McDonald; Susan Maul; Nanci Burchess Smith; and Craig Burchess (Trust Beneficiaries), Appellants, v. Monique Campbell, Appellee.

Colorado Court of Appeals, Div. III.

April 24, 2003.


Attorney(s) appearing for the Case

Frank J. Anesi, Durango, Colorado, for Appellants.

Douglas R. Sitter, Durango, Colorado, for Appellee.


Opinion by Judge ROY.

In this probate proceeding, Kathryn McDonald Freedman, Susan Maul, Nanci Burchess Smith, and Craig Burchess (beneficiaries), appeal the trial court's judgment in favor of Monique Campbell (devisee). We affirm.

The issue here is whether, under the circumstances of this case, a parcel of real property (the property) passes under a trust agreement to beneficiaries or by testacy to devisee. We conclude that title passes by testacy.

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