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DOLAN v. JOHNSON

No. 11121.

509 P.2d 1306 (1973)

95 Idaho 385

Charline Bales DOLAN et al., Plaintiffs and Appellants, v. Louise JOHNSON et al., Involuntary Plaintiffs, Mary E. CHARAMUGA, Involuntary Plaintiff and Appellant, v. Phil ASHFORD et al., Defendants and Respondents.

Supreme Court of Idaho.

May 14, 1973.

Attorney(s) appearing for the Case

E.L. Miller, William A. Reagan, Coeur d'Alene, Clark Gasser, Pocatello, for appellants.

Smith, Miller & Weston, Caldwell, Hawley, Troxell, Ennis & Hawley, Boise, for respondents.

McQUADE, Justice.

This case was submitted to the district court upon a written stipulation of facts and the briefs of the parties. Appellants had filed a complaint pursuant to I.C. § 10-1204,1 in September of 1970. There was no claim that the disputed will or the two codicils executed in relation to it were made while Ethel Whittenberger was incompetent, under undue influence, fraud or duress. Appellants contended that the residuum...

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