Matter of Estate of Patten

This is an appeal from the granting of summary judgment by the District Court, Pondera County, denying admission to probate of a copy of the purported Last Will and Testament of Ella D. Patten, deceased.

Ella D. Patten died September 14, 1973. Her heirs are her two sons: Donald Patten, proponent and appellant, and Robert Patten, contestant and respondent.

The parties of this proceeding were previously before this Court litigating the validity of another alleged will of Ella D. Patten. Patten v. Patten (1976), 171 Mont. 399, 558 P.2d 659. We held then that an alleged will of the deceased, made…