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IN RE ESTATE OF SCHUMACHER

No. 10CA0016.

253 P.3d 1280 (2011)

In re the ESTATE OF David SCHUMACHER, a/k/a David Paul Schumacher, deceased. Maria Caldwell, Petitioner-Appellant, v. Deborah Caldwell, Respondent-Appellee.

Colorado Court of Appeals, Div. VI.

April 14, 2011.

Attorney(s) appearing for the Case

Senn Visciano Canges Rosenstein, P.C., James S. Bailey , Denver, Colorado, for Petitioner-Appellant.

Hutchins & Associates LLC, Allen E.F. Rozansky , Denver, Colorado, for Respondent-Appellee.

Opinion by Judge MÁRQUEZ.*

Petitioner, Maria Caldwell, appeals the probate court's order giving testamentary effect to words crossed out on decedent's holographic will. We affirm.

I. Background

On December 1, 2004, David Schumacher (decedent) executed a holographic will, which contained a clause devising shares of Meyers Land & Cattle stock to decedent's cousins, petitioner, Maria Caldwell, Cheryl Smart, and...

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