IN RE COCANOUGHER'S ESTATE

No. 10656

399 P.2d 420 (1965)

In the Matter of the ESTATE of Effie Della COCANOUGHER, Deceased. Charles L. COCANOUGHER, Contestant and Plaintiff, Respondent, v. William Marion COCANOUGHER and Effie May Nyhart, Proponents and Defendants, Appellants.

Supreme Court of Montana.

Decided March 3, 1965.


Attorney(s) appearing for the Case

Leonard A. Schulz (argued), Carl M. Davis (argued), Dillon, for appellants.

Mark J. Doepker (argued), Butte, Frank E. Blair (argued), Virginia City, William Sheehan, Philipsburg, Doepker & Hennessey, Butte, for respondent.


R. D. McPHILLIPS, District Judge, sitting in place of CASTLES, J.

Will contest wherein, after the jury found undue influence, the district court refused to grant contestees a new trial and they have appealed.

This case, under almost identical facts, was previously before this court in Estate of Cocanougher, 141 Mont. 16, 375 P.2d 1009. In that case the jury found that the testatrix was competent to execute a will, but did...

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