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ESTATE OF COLEMAN

No. 10188.

359 P.2d 502 (1961)

In the Matter of the ESTATE of Catherine M. COLEMAN, Deceased. Cecile PORTER, Respondent, v. John A. COLEMAN, Appellant.

Supreme Court of Montana.

Decided February 10, 1961.

Rehearing Denied March 3, 1961.

Attorney(s) appearing for the Case

Ralph J. Anderson and Stanley P. Sorenson, Helena, for objector and appellant. Ralph J. Anderson argued orally.

Keller & Magnuson (Paul F. Reynolds, Associate Counsel), Helena, for proponent and respondent. Paul F. Reynolds argued orally.

JOHN C. HARRISON, Justice.

This is an appeal from an order admitting the will of Catherine M. Coleman, deceased, to probate. The questions presented are whether the instrument is a valid will made with testamentary intent and whether it may be defeated as being conditional.

The instrument offered for probate as a holographic will is written, signed and dated entirely by the hand of the decedent. This instrument reads in total as follows:

"This is to...

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