IN RE ASTILL'S ESTATE

No. 9647.

14 Utah 2d 217 (1963)

381 P.2d 95

IN THE MATTER OF THE ESTATE OF HENRY ASTILL. GEORGE AND ANNETTA ATKINSON, PROPONENTS AND APPELLANTS, v. ROSE V. HANSEN ET AL., CONTESTANTS AND RESPONDENTS.

Supreme Court of Utah.

May 3, 1963.


Attorney(s) appearing for the Case

Patterson & Phillips, Ogden, for appellants.

George B. Handy, Ogden, for respondents.


CROCKETT, Justice.

Probate of the will of Henry Astill was rejected by the district court on the ground of lack of testamentary capacity. The proponents, brother-in-law, George Atkinson, and the latter's wife, Annetta, appeal.

Mr. Astill was a retired railroad engineer. He had lived in Sparks, Nevada, until the death of his wife in 1954, when he went to live with the Atkinsons at the outskirts of Ogden, Utah. Shortly thereafter he bought a small house next...

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