Legal Opinion

In re the Estate of Powers

Montana Supreme Court

Decided October 30, 1973No. 12417PublishedCited by 2 opinions

1Opinion of the CourtJustice Castles

This is an appeal from a judgment denying the probate of the will of Budoin E. Powers, dated December 9, 1971. An earlier will dated December 18, 1969, was admitted to probate. A motion for new trial was denied. The will contest was tried before a jury which returned a special verdict finding that Budoin Powers was not competent to execute a will on December 9, 1971; that undue influence had been exerted on her; that the will was procured by fraud; that the deceased did not acknowledge to the witnesses to the will that it was her will and testament; and, that it was not properly executed.…

2Cases cited6 opinions

  1. Wyant v. DunnMontana Supreme Court · 1962
  2. Reynolds v. Trbovich, Inc.Montana Supreme Court · 1949
  3. Estate of Cocanougher v. CocanougherMontana Supreme Court · 1962
  4. Estate of Hall v. MilkovichMontana Supreme Court · 1972
  5. In re the Estate of HegartyNevada Supreme Court · 1923

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3Cited by2 opinions

  1. Brothers v. Town of Virginia CityMontana Supreme Court · 1976
  2. Wallin v. Kinyon EstateMontana Supreme Court · 1974

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