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IN RE HARDY'S ESTATE

No. 9562.

326 P.2d 692 (1958)

In the Matter of the ESTATE of Frank E. HARDY, Deceased. William J. HARDY, Appellant, v. Charles B. HARDY, Adminstrator with Will Annexed of the Estate of Frnak E. Hardy, deceased; et al., Respondents.

Supreme Court of Montana.

Decided May 8, 1958.

Rehearing Denied July 1, 1958.

Attorney(s) appearing for the Case

John M. Lexcen, Jr., Washington, D.C., John M. Lexcen, Winsted, Minn., for appellant, John M. Lexcen, Jr., argued orally.

Paul H. Cresap, Sidney, for respondent.

CASTLES, Justice.

This is an appeal from an order granting a new trial on the issues of lack of testamentary capacity and undue influence affecting the validity of the will of Frank E. Hardy, deceased.

The will of Frank E. Hardy was admitted to probate on December 10, 1952, by order of the district court of Richland County. Charles J. Hardy, deceased at the time of trial in the instant case, was the applicant for probate of the will. Charles J. Hardy, together...

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