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Denver National Bank v. Brecht

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eBook details

  • Title: Denver National Bank v. Brecht
  • Author : Colorado Supreme Court
  • Release Date : January 03, 1958
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 64 KB

Description

Cora Lee Von Brecht, administratrix of the estate of Gustavus Adolphus Von Brecht, deceased, brought an action against the Denver National Bank, Virginia Von Brecht Lewis, J. Bourdon Von Brecht, Virginia Christina Von Brecht, a minor, Dee Dee Von Brecht, a minor, and Ida Vet Funk to set aside and hold void a certain trust agreement executed by plaintiffs intestate, to whom we will refer as the "settlor." Four grounds were set forth in plaintiffs complaint as the basis of her claim for relief, to wit: (1) That the trust instrument was a will and void because it was unwitnessed; (2) that the instrument was void because executed as a result of undue influence upon the settlor; (3) that the settlor lacked the mental capacity to enter into the trust agreement, and (4) that the settlor had made a binding promise to revoke the trust and had failed to do so. Issue was joined on the matters thus presented and trial to the court ensued.


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