Matter of Estate of Rogers

This is an appeal by the decedent’s children from an order and judgment of the District Court of the Fifth Judicial District, Jefferson County, Montana. The court awarded certain estate property to the decedent’s wife. We affirm.

The facts of the case are basically undisputed by the parties.

In October, 1982, Jimmie L. Rogers (decedent) had executed and delivered to his present wife, Patricia A. Rogers (wife) a legal and valid power of attorney which contained a so-called “durable power of attorney clause.” This clause permitted the wife to act as Rogers’ attorney in fact if he became…