IN RE ESTATE OF NEWTON

No. 10CA1725.

313 P.3d 619 (2011)

In re the ESTATE OF Kathryn E. NEWTON, deceased. Mojo Properties, LLC, Claimant-Appellant, v. Patrick J. Woods, Personal Representative-Appellee.

Colorado Court of Appeals, Div. IV.

August 4, 2011.


Attorney(s) appearing for the Case

Scheitler & Elio, LLC, Joseph M. Elio , Denver, Colorado, for Claimant-Appellant.

Dufford & Brown, P.C., Herbert A. Delap , Christian D. Hammond , Chris G. Baumgartner , Robyn L. Libow , Denver, Colorado, for Personal Representative-Appellee.


Opinion by Judge BERNARD.

In this appeal, we resolve a question involving Colorado's statute establishing the priorities of those persons who seek appointment as a personal representative to administer the estate of a deceased. Specifically, we are asked to determine whether the nominee of one with a prior right to appointment stands in the shoes of his or her nominator with regard to that priority. We hold that the answer to this question is "yes." As a result, we...

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