Matter of Estate of Hogan

The appellant, Thomas Skelton, contested the will of Nina Hogan on the grounds of incompetence and undue influence. The District Court denied jury instructions on the matter of undue influence. The jury found Nina Hogan competent. The appellant appeals the denial of instructions.

We affirm.

The issue presented is whether the District Court erred in refusing the appellant’s offered instructions on undue influence.

Nina Hogan, testatrix, a long time resident of Helena, Montana, died at age 88 on November 5, 1981. Her husband predeceased her. Only one of her seven siblings, a sister, Lee Sweeney,…