In Re Estate of Holcomb

¶ 1 The dispositive questions tendered for certiorari are: (1) Is the district court’s finding that the decedent possessed testamentary capacity clearly contrary to the weight of the evidence? and (2) Is the district court’s finding that the decedent’s will was not the product of undue influence clearly contrary to the weight of the evidence? We answer both questions in the negative. 1

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ANATOMY OF LITIGATION

¶ 2 Laura Edna Holcomb (Mrs. Holcomb) died on 13 May 1995 at the age of 96. She had three living children at the time of her death, Lela Elaine Carter (Elaine), Murray Marcus Holcomb…