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eBook details

• Title: Aquilini v. Chamblin.
• Author : Colorado Supreme Court
• Release Date : January 26, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

On November 13, 1929, Joe Aquilini, a resident of Pueblo, made a will in which Clifton Chamblin, the defendant in error, was named as sole legatee and executor. On December 12, 1929, the testator died, possessed of a sum of money. Chamblin presented the will to the Pueblo county court for probate, his petition stating that the testator left no heirs "as your petitioner is advised." Notice to unknown heirs was published, and on January 20, 1930, the will was admitted to probate. Chamblin qualified as executor. On October 1, 1930, Vincent Massari, one of the plaintiffs in error, acting under a power of attorney executed in Italy by the other plaintiffs in error, petitioned the county court in their behalf to set aside the probate of the will, to have the will declared void, and to have Massari appointed administrator. The petition charged that the testator was mentally incapable of making a will, and that his signature to the instrument purporting to be his will was obtained by undue influence and false representations; all of which was denied by Chamblin. After hearing the evidence, the court denied the petition. The case was taken to the district court, where the petitioners were nonsuited. A new trial was granted. At the second trial the jury found that the writing purporting to be the last will and testament of Aquilini was his last will and testament. A motion for a new trial was filed by the petitioners and overruled, and judgment dismissing the petition was rendered.

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