Matter of Estate of Sample

This is an appeal from an order of the District Court, Rosebud County, refusing to admit a will to probate.

Linda Hubbard, daughter and personal representative, filed a formal petition for probate of a will, determination of testacy and heirs, and for appointment as personal representative of the estate of her father Arthur L. Sample, deceased. During the hearing on the petition the court, upon request of counsel, assumed the role of temporary guardian of Calvin L. Sample, an alleged incapacitated person. Thereafter Garry P. Bunke, an attorney, was appointed by the court as temporary guardian…