Duncan v. Wold

LESTER, Chief Judge.

This is an appeal from a judgment entered upon an opinion dismissing appellant’s complaint which sought to overturn the District Court’s order denying probate.

Jewel J. Mann, the natural mother of the plaintiff-below, Thomas D. Duncan, and Joseph Vear Mann, the natural father of the defendant-below, Jean Mann Wold, were married in 1952. Jewel brought into the marriage some real estate the surface rights to which she sold in 1974 while retaining the mineral rights. The balance of the modest marital estate was accumulated during the union. The parties had acquired a home on…