Dolan v. Johnson

McQUADE, Justice.

This case was submitted to the district court upon a written stipulation of facts and the briefs of the parties. Appellants had filed a complaint pursuant to I.C. § 10-1204, 1 in September of 1970. There was no claim that the disputed will or the two codicils executed in relation to it were made while Ethel Whittenberger was incompetent, under undue influence, fraud or duress. Appellants contended that the residuum provisions of the Ethel Whittenberger will, involving some $1,359,000, was invalid because the language was vague and indefinite in that the beneficiaries were not…