Arneson v. Arneson

OPINION

SEDGWICK, Judge.

Appellants are heirs and nieces and nephews of Morten Arneson, deceased, who died testate on October 23, 1982. They brought action to set aside the will and testamentary trust dated July 17, 1982, and acknowledged August 11, 1982, as null and void on grounds the testator lacked testamentary capacity and was subject to undue influence. The trial court granted respondent’s summary judgment on the basis that appellants lacked standing to contest the instruments. We reverse and remand.

FACTS

Morten Arneson, deceased, executed a will and trust on July 17, 1982, three months…