Witherspoon v. Sanford
Witherspoon v. Sanford
Opinion of the Court
Petitioners, maternal heirs of decedent, appeal an order of the trial court dividing decedent’s estate equally between maternal and paternal heirs when the paternal heirs are more remotely related to decedent than are the maternal heirs. We reverse and remand with directions.
Decedent died without issue January 18, 1968, and left a will leaving her estate to her sister and her mother, both of whom had predeceased her. The assets of the estate, therefore, must be treated as if decedent had died intestate. See Colorado v. Rogers, 140 Colo. 205, 344 P.2d 1073 (1959). Because the Colorado Probate Code, § 15-10-101 et seq., C.R.S.1973, applies only to decedents dying on or after July 1, 1974, § 15-17-101, C.R.S.1973; In re Estate of Novitt, 37 Colo.App. 524, 549 P.2d 805 (1976), we must determine intestate succession under § 153-2-1, C.R.S.1963.
In pertinent part, C.R.S.1963, 153-2-1(3) provides:
“(d) If there be no children nor their descendants, nor father, mother, brothers, sisters, nor descendants of deceased brothers or sisters, nor husband, nor wife living, then to the grandfather, grandmother, uncles, aunts, and their descendants, the descendants taking collectively the share of their immediate ancestors, in equal parts.”
“(e) And if none of the relatives above enumerated be living, then to the nearest lineal ancestors and their descendants, the descendants collectively taking the share of their immediate ancestors, in equal parts.”
The trial court determined that C.R.S. 1963, 153-2-l(3)(d) & (e) require distribution of decedent’s assets one-half to the paternal heirs and one-half to the maternal heirs, regardless of the ancestral level from which their relationship derives.
The paternal heirs argue that Thatcher v. Thatcher, 17 Colo. 404, 29 P. 800 (1892) requires every word in the statute to be given meaning and effect if possible. They assert that the language in the singular “then to the grandfather, grandmother, . ” relates to the method of distribution of decedent’s estate within each branch, the paternal and the maternal, with each branch receiving one-half of the estate. The maternal heirs on the other hand assert that C.R.S.1963, 153-2-l(3)(d), vest the entire estate in the grandparents, uncles, and aunts, or in their heirs, if any are living whose relationship to decedent derives from this level. They assert that if there are any such, no resort to any more remote ancestor to locate heirs is proper. We agree with the maternal heirs’ argument.
We find no language in C.R.S.1963, 153-2-1, or any other pertinent statute which requires a division of decedent’s estate equally between the paternal and maternal sides of ancestral tree.
The statute clearly provides a pattern of distributing the assets to heirs whose relationship derives from the closest direct-ancestor. It is true, as the paternal heirs assert, that C.R.S.1963, 153 — 2—l(3)(d), deviates from this pattern, by placing uncles and aunts in parity with decedent’s grandfather and grandmother. Thatcher, supra. We view this deviation, however, as specific exception to the general statutory pattern and scheme rather than an indication of the general statutory approach.
Here, there were living relatives of the maternal grandparents, but the only heirs on the paternal side are relatives of the paternal great-grandparents. Therefore, we conclude that the assets in decedent’s estate should have been distributed in their entirety to the heirs on the maternal side.
The judgment is reversed and the cause is remanded with directions to vest all of the assets to the estate available for distribution in the maternal heirs.
. The Colorado Probate Code, § 15-11-103(l)(d) C.R.S.1973, deals with this problem as it relates to distribution in estates of decedents who died after July 1, 1974.
. We have analyzed authority from other jurisdictions and have found significant differences between the law of those jurisdictions and Colorado law, thus making comparisons to be of little value. Accordingly, we do not rely on foreign law as authority.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.