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IN RE ESTATE OF DOLEZILEK

No. 11442.

478 P.2d 278 (1970)

In the Matter of the Estate of Joseph Dolezilek, Sr., Deceased. R.A. SMILEY, Plaintiff and Appellant, v. Charles DOLEZILEK et al., Defendant and Respondent.

Supreme Court of Montana.

Decided December 18, 1970.

Rehearing Denied January 7, 1971.

Attorney(s) appearing for the Case

Denzil R. Young, argued, Baker, R.A. Smiley, argued, Belle Fourche, S.D., for plaintiff and appellant.

Larry Persson, argued, Hamilton, for defendant and respondent.

DALY, Justice.

This is a consolidated appeal of four actions each tried to the court without a jury in Roosevelt County. In the first action deceased's will was denied probate on a finding of lack of testamentary capacity and he was declared to have died intestate. Two actions by attorneys concern rejected creditors' claims for services they rendered deceased during a period of time deceased was allegedly incompetent. The fourth action is on a rejected creditor's...

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