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COLBO v. COTY

No. 14769.

601 P.2d 697 (1979)

Mary H. COLBO, as Guardian and Conservator of the Estate of William D. Scott, an incapacitated and protected person, and Jack Scott, Plaintiffs and Appellants, v. Milton A. COTY, Jr., Thomas H. Mahan, and Calvin A. Coty, Defendants and Respondents.

Supreme Court of Montana.

Decided October 25, 1979.

Attorney(s) appearing for the Case

William R. Taylor, Deer Lodge, Lloyd J. Skedd, Helena, for plaintiffs and appellants.

Leonard J. Haxby, Butte, Robert Swanberg, Thomas H. Mahan, Helena, for defendants and respondents.

SHEA, Justice.

Mary H. Colbo, guardian of William D. Scott, appeals from an order of the Lewis and Clark County County District Court which dismissed her petition to have William D. Scott's Will declared to be his last valid Will. The District Court refused to pass on the validity of a Will of a living person. We agree.

Scott allegedly executed a Will on October 19, 1965, and later one of the defendants allegedly tore it into pieces. Scott is now alleged to...

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