Estate of Vilm v. Vilm
Estate of Vilm v. Vilm
Opinion of the Court
delivered the opinion of the Court.
Nicolas M. Vilm died April 5, 1951. Apparently he had executed two wills, one of which is dated June 15, 1949, the date of the other does not appear in this record. The June 15, 1949, will was lodged in the county court of Jefferson County, Colorado, on April 9, 1951, and apparently was not offered for probate. It appears from the record here that on August 15, 1955, Claude H. Vilm, also known as Jack Vilm, decedent’s son, filed a petition in the county court of the City and County of
The petition filed by Claude H. Vilm for the probate of the June 15, 1949, will recited that the testator died “a resident of the County of Jefferson, State of Colorado.” On February 1, 1956, the day the trial judge approved the record in the instant case, it appears that an order was entered authorizing the petitioner, Vilm, to “correct the petition filed August 25, 1955, to show City and County of Denver instead of the County of Jefferson, nunc pro tunc as of October 10, 1955.” No such “correction” was made. Neither does it appear that counsel for objectors was notified of the entry of this order, entered long subsequent to the final judgment in the case. After judgment it is too late to amend pleadings unless consent of all parties is obtained.
The Denver County Court sustained the objections filed by Ettienne Vilm and held that it did not have jurisdiction. All pertinent facts were stipulated by counsel for the respective parties and are embraced in the foregoing statement of the record. From the judgment denying probate, plaintiff in error brings the case here on writ of error.
Petitioner in the instant case was a party to and appeared in the Jefferson County probate proceeding; received his share of the estate on final distribution, and he cannot now be heard to say that the Denver County Court should admit the 1949 will to probate. The entire Jefferson County Court record is not before us, so we must assume that the necessary jurisdictional matters appeared in the petition for the probate of the will under which plaintiff in error received his share of his father’s estate.
C.R.S. ’53, 152-1-3, provides that estates of deceased persons shall be administered in the County Court of the last known residence of such deceased person.
What we have here is an attempt to attack the final decree in the Jefferson County probate proceeding, in which matter petitioner Vilm not only had timely
The judgment is affirmed.
Reference
- Full Case Name
- Estate of Nicolas M. Vilm v. Ettienne Vilm
- Status
- Published