[Download] "Craig V. Rider" by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Craig V. Rider
- Author : Colorado Supreme Court
- Release Date : January 27, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
The central issue in this case is the standard to be applied to determine whether an interested party has shown "good cause" under section 15-12-413, C.R.S. 1973, to support a motion to vacate an order admitting a will to probate in a formal testacy proceeding. The trial court denied the motion of Linda Lou Craig, the decedent's granddaughter and sole heir, to set aside the court's order admitting the will of Lulu Ann King to probate. The Colorado Court of Appeals affirmed in Craig v. Rider, 628 P.2d 623 (Colo. App. 1980), and we granted certiorari. We conclude that the trial court abused its discretion by ruling that Linda Lou Craig did not establish that her delay in objecting to the probate of the will was excusable and in holding that, as a result, good cause to vacate the probate order was not shown. We therefore reverse the order of the trial court and direct that the order admitting the will to probate be vacated and that the objections to probate be considered on their merits.