In re R.M.S.
Colorado Supreme Court
128 P.3d 783 (2006)
Sara Sherwood and Stephen Sherwood died in a murder-suicide, leaving behind a 15-month-old daughter, R.M.S. (the child). The child was placed in the care of Sara’s sister and brother-in-law, Ginny Villers and William Brian Villers (defendants). In his will, Stephen had nominated his mother, Kathleen Taylor Nace (plaintiff) to serve as the child’s guardian. Nace filed a petition for appointment of guardianship, arguing that Stephen’s will had named her as the child’s guardian, the appointment had not been prevented or terminated, and the controlling statute required the court to make her the guardian unless the appointment would cause harm to the child. The Villers objected, arguing that it was in the child’s best interest for the court to appoint them as guardians. The trial court applied the harm standard and found for Nace, and the Villers appealed.
Rule of Law
Holding and Reasoning (Martinez, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 726,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 726,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,700 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.