THOMAS v. EATON

No. 18216.

335 P.2d 270 (1959)

Mary E. THOMAS, Plaintiff in Error, v. Mabel T. EATON, Proponent of the Last Will and Testament of Davis C. Thomas, Deceased, Defendant in Error.

Supreme Court of Colorado, En Banc.

February 9, 1959.


Attorney(s) appearing for the Case

Charles E. Leierer, Eagle, and Fred W. Vondy and Fred J. Pferdesteller, Denver, for plaintiff in error.

Robert Delaney, Glenwood Springs, Kenneth Balcomb, for defendant in error.


MOORE, Justice.

Plaintiff in error was the wife of Davis C. Thomas who died April 29, 1956, leaving a will in which his sister Mabel T. Eaton, the proponent, was named executrix and beneficiary. The wife, hereinafter referred to as Mary, filed a caveat and assigned as reasons therefor: (1) That at the time the will was signed her husband was not of sound and disposing mind; and (2) that it was signed, if at all, because of undue influence exerted by his sister Mabel...

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