In Re Estate of Peppler

Opinion by

Judge VOGT.

Kent Peppier, as personal representative of the Estate of Henry Peppier (testator), appeals the district court’s order directing him not to enforce a no-contest clause in testator’s will against Gladys Connelly (beneficiary). We reverse and remand for further proceedings.

In 1984, testator executed a will which included a bequest of $40,000 to beneficiary, his daughter, and left most of the balance of his estate to his son, who was the personal representative’s father. The 1984 will contained a no-contest clause, which provided that any beneficiary who “directly or…