Appeal from the District Court of Larimer County Honorable John-David Sullivan, Judge No.
Defendants are the adult children of plaintiff s previous marriage.
This case does not involve any contract to make any particular will. Based upon these allegations, plaintiff asked the court to declare, among other things, that his intent to disinherit defendants, as expressed in his will, was clear and that the intent was formed while he was competent and not subject to any undue influence. He also asked for a determination that neither defendants nor their descendants were entitled to distributions from his estate under the will or statutes governing intestate succession. Although the record indicates that defendants were properly served with the summons and complaint in California, neither filed an answer or appeared before the trial court. Based upon defendants failure to respond, plaintiff filed a notice of default and, subsequently, a verified motion for entry of declaratory judgment.