Montes Family v. Carter

ORME, Associate Presiding Judge:

The Montes Family, appellants in this case, claim that the will of Dale Everett loupe is invalid for lack of testamentary capacity and because it is the product of undue influence. The trial court ordered the will admitted to probate, ruling that the decedent had the requisite capacity and was not unduly influenced in his testamentary disposition. We disagree with part of the trial court’s analysis, but affirm its judgment.

FACTS

Dale Everett loupe was born February 14, 1945, at Fort Duchesne in Uintah County, Utah. Dale was born to Elmer and Winnie loupe and was…