Smith v. Osborn

HOWE, Justice:

Appellants appeal from the denial of their motion to dismiss respondents’ petition for probate of a will executed by Grace Anderson on November 28,1977, purportedly in violation of a court order prohibiting her from making further testamentary dispositions without prior court approval.

Grace and Charles Anderson executed a joint will in July of 1976. Charles died and Grace, then 85 years old, made a new will on September 26,1976, naming respondents Scalley and Osborn her residual beneficiaries. A codicil to that will was executed in November of 1976. In September of 1976, Grace…