In Re the Estate of Wittman
Montana Supreme Court
1Opinion of the CourtJustice Cotter
¶1 Appellant, James Wittman (James) appeals from the order of the Thirteenth Judicial District Court, Yellowstone County, admitting the last will and testament of his mother Amy Wittman to probate, after finding that she had testamentary capacity and was not unduly influenced when she executed her will in September of 1997. We affirm.
¶2 The dispositive issue on appeal is whether the District Court’s finding of no undue influence is supported by substantial credible evidence, and is not clearly erroneous.
Factual and Procedural History
¶3 Amy Wittman died on July 16, 1999, at the age of 95. She…
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