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IN RE ESTATE OF CRENSHAW

No. 03CA0218.

100 P.3d 568 (2004)

In the Matter of the ESTATE OF William Theodore CRENSHAW, a/k/a William T. Crenshaw, a/k/a William Crenshaw, a/k/a Ted Crenshaw, Deceased. Tedd Crenshaw and Jeff Crenshaw, Plaintiffs-Appellants, v. Beryl I. Bussey, Personal Representative, Defendant-Appellee.

Colorado Court of Appeals, Div. III.

August 26, 2004.

Attorney(s) appearing for the Case

Law Offices of J.E. Losavio, Max A. Wilson, Pueblo, Colorado, for Plaintiffs-Appellants.

Banner, Bower, Chostner, Kwitek & Ohlsen, J.E. Chostner, Pueblo, Colorado, for Defendant-Appellee.

Opinion by Judge GRAHAM.

The trial court concluded as a matter of law that the Colorado dead man's statute did not exclude testimony by Beryl I. Bussey, who asserted a right to be the personal representative of the estate of Theodore Crenshaw by virtue of her purported common law marriage to him. Tedd Crenshaw and Jeff Crenshaw (the Crenshaws), sons of the decedent from a previous marriage, appeal the resulting judgment in Bussey's favor. We agree that the trial court...

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