## Facts

- Spicer H. Breeden died on March 19, 1996, from a self-inflicted gunshot wound two days after a highly publicized hit-and-run accident.
- Police found a handwritten document on Breeden’s desk stating he wanted “everything” he owned (including “houses,” “jewelwry,” stocks, bonds, and clothes) to go to Sydney Stone, and adding, “P.S. I was Not Driving the Vehical–.”
- Breeden printed “SPICER H. BREEDEN” and signed beneath it.
- In 1991, Breeden executed a formal will and a holographic codicil leaving his estate to persons other than Stone; those instruments also excluded certain family members.
- Objectors (including Breeden’s sister Holly Breeden Connell and brother Vic E. Breeden III) alleged lack of testamentary capacity based on long-term drug and alcohol use, use of cocaine and substantial alcohol near the time of death, and delusional/paranoid thinking.
- Evidence showed Breeden had mood swings and fears of threats from government agents and others, but other testimony indicated he had the ability to write the document and had previously expressed intent to exclude family members.

## Issues

1. Whether the probate court correctly applied Colorado’s Cunningham elements test and insane delusion test in finding Breeden had testamentary capacity when executing the holographic will.
2. Whether the probate court abused its discretion by denying a motion to dismiss certain interested family members as parties, which kept their testimony excluded under Colorado’s Dead Man’s Statute.

## Decision

- The Colorado Supreme Court affirmed admission of the holographic will to probate.
- The Court held the probate court properly evaluated testamentary capacity under the Cunningham elements and separately assessed whether any insane delusion materially affected the will’s dispositions.
- The Court upheld the finding that although Breeden experienced delusional thinking, it did not drive the property disposition to Stone.
- The Court held the probate court did not abuse its discretion in refusing to dismiss parties on the first day of the hearing, and it upheld exclusion of their testimony under the Dead Man’s Statute based on their party status and interest.

## Legal Principles

- Colorado recognizes two tests relevant to testamentary capacity: (1) the Cunningham elements test and (2) the insane delusion test; courts may consider both when assessing capacity.
- Under the Cunningham elements test, a testator must understand the nature of making a will, know the nature and extent of property, recognize the natural objects of bounty, and form a rational distribution plan.
- Under the insane delusion test, a will may be invalid if the testator had a fixed false belief not grounded in reason and the belief materially affected the testamentary disposition.
- Evidence of substance abuse or mental disturbance does not alone negate testamentary capacity; the controlling inquiry is the testator’s mental condition at the time of execution and whether any delusion materially affected the disposition.
- Trial courts have discretion to deny late procedural motions that risk unfair surprise or prejudice, including motions affecting party status and witness competency.
- The Dead Man’s Statute bars testimony by an interested party concerning communications or transactions with the decedent when the statute’s conditions are met.

## Conclusion

The court upheld probate of a holographic will leaving the entire estate to Sydney Stone, concluding that the testator satisfied the Cunningham elements and that any delusional beliefs did not materially affect the testamentary plan, and it also affirmed the probate court’s discretionary refusal to alter party status in a way that would have avoided the Dead Man’s Statute.


Breeden v. Stone, 992 P.2d 1167 (Colo. 2000)