Whipple v. Northern Wyoming Community College Foundation of Sheridan

THOMAS, Justice.

This case presents two questions relating to testamentary capacity. The first involves a motion for summary judgment, by proponents of a will in response to a contest which raised the issue of testamentary capacity, and is concerned with the nature of the information which must be presented to support a motion for summary judgment and, conversely, by the party opposing the motion to structure a genuine issue of material fact. The second question relates to whether a presumption of lack of testamentary capacity attaches to a guardianship created under the Uniform Veterans’…