MATTER OF ESTATE OF COX

No. 80-72.

621 P.2d 1057 (1980)

In the Matter of the ESTATE of Mabel I. COX.

Supreme Court of Montana.

Decided December 24, 1980.

Rehearing Denied January 22, 1981.


Attorney(s) appearing for the Case

Parrish, Knopp & O'Hare, Lewistown, Bradley B. Parrish, argued, Lewistown, for appellant.

William E. Berger, argued, Lewistown, for respondent.


SHEEHY, Justice.

Appellant, Raymond Cox appeals from an order of the Tenth Judicial District Court, Fergus County, admitting the holographic will of Mabel I. Cox to probate.

The determinative question is whether a will, bearing unexplained markings through its text when discovered, has been revoked by cancellation pursuant to section 72-2-321, MCA. We hold that such a will shall be presumed canceled by the testator with the intent to revoke, unless proven...

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