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IN RE DILLENBURG'S ESTATE

No. 9948.

349 P.2d 573 (1960)

ESTATE of C. J. DILLENBURG, Deceased. Viola YARYAN and Otto E. Dillenburg, Contestants and Respondents, v. Roy A. WILSON and Sybil Wilson, Proponents and Appellants.

Supreme Court of Montana.

Decided February 23, 1960.

Attorney(s) appearing for the Case

John D. Gillan, Havre, Hall, Alexander & Kuenning, Great Falls, for appellants. John C. Hall, Great Falls, argued orally.

Morrison & Ettien, Havre, for respondents. J. Chan Ettien, Havre, argued orally.

ANGSTMAN, Justice.

This is an appeal from a judgment denying probate of the claimed last will and testament of C.J. Dillenburg, deceased, after trial and special jury verdict finding that testator was not competent to make a last will and testament at the time of signing the instrument offered for probate as his will. The will was signed on October 4, 1957, and C.J. Dillenburg died on October 10.

A petition was filed...

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