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IN RE GOAN'S ESTATE

No. 8906.

366 P.2d 831 (1961)

In the Matter of the ESTATE of Araminta Schmadeka GOAN, a/k/a Araminta Schmadeka. In the Matter of the ESTATE of Araminta SCHMADEKA, Deceased. Myrtle CHASE, Iva Curtis, Cassie Dennison, Everett Schmadeka, Clyde Schmadeka, Elsie Meyer, Thelma Workman and Sadie Keeler, Contestants, Plaintiff, and Respondents, v. Frank Hartzel SCHMADEKA, Proponent, Defendant and Appellant, and Arthur Schmadeka, Non-appearing Defendant.

Supreme Court of Idaho.

December 5, 1961.

Attorney(s) appearing for the Case

Cox, Ware, Stellmon & O'Connell, Lewiston, for appellants.

W. C. MacGregor, Jr., Grangeville, Paul C. Keeton, Lewiston, for respondent.

McFADDEN, Justice.

Frank Hartzell Schmadeka, a son of Araminta Schmadeka (also known as Goan), petitioned to have his mother's will admitted to probate. Mrs. Schmadeka, a widow, died April 3, 1959. The presented will, dated "April ____ 1953", but actually executed April 6 of that year, left to petitioner his mother's interest in 160 acres of land, left the residue of the estate equally to nine of her ten children, one daughter being left nothing.

Respondents...

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