IN RE ESTATE OF PETERSON

No. 12307.

484 P.2d 727 (1971)

26 Utah 2d 44

In the Matter of the ESTATE of Olive K. PETERSON, Deceased. Shirley B. HIGBEE, Appellant, v. Virgle GILMORE and Eugene Edward Butcher, Respondents.

Supreme Court of Utah.

May 5, 1971.


Attorney(s) appearing for the Case

Patrick H. Fenton, Cedar City, for appellant.

Orville Isom, Cedar City, K. Samuel King, Salt Lake City, for respondents.


HENRIOD, Justice:

Appeal from a judgment modifying a judgment with respect to a will contest. Remanded for a new hearing.

On controverted evidence, a signed and witnessed will was admitted to probate by a district judge who succeeded another district judge who had resigned, which latter had entered a judgment declaring the will to have been revoked. All this on exactly the same evidence and record.

One of the subscribing witnesses, who also drafted...

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