Toms v. Davies

PERRY, Judge.

In this appeal, we are asked to review an order of the district court, which affirmed the magistrate’s holding that the will of Mary Ann Allcott was not executed in conformity with Idaho law and, therefore, was invalid. The sole issue in the case is whether the will was executed in compliance with I.C. § 15-2-502. For the reasons stated below, we affirm the order of the magistrate setting aside the informal appointment of the personal representative and granting the petition for declaration of intestacy.

I

FACTS AND PROCEEDINGS

On May 12,1993, Joe Toms was appointed special…