Kuberich v. Popovich

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an appeal from a judgment of the third judicial district for Deer Lodge County, the Honorable John McClernan, Judge presiding, revoking an order admitting a will to probate.

The respondent contestant attacked the will on two grounds, lack of testamentary capacity and undue influence in the making of the will. The jury found by special verdict that:

1. George Maricich was mentally competent to make a last will and testament on May 16, 1960.

2. That the mind of George Maricich was NOT free from undue influence, menace or duress…