Osterkamp v. Weeks

WINANS, Justice. *

This is an appeal from an order denying probate of an olographic will. Proponents dispute the findings of the trial court on the questions of testamentary intent and testamentary capacity. We reverse.

Proponents Richard and Cornelia Oster-kamp petitioned to probate the olographic will of Carolyn G. Nelson in circuit court. Contestants, heirs at law of the decedent, filed in opposition to the probate, alleging that the instrument submitted was not in fact or in law a will. They also alleged that the decedent lacked the required testamentary capacity at the time the will was…