TOPE v. TAYLOR

No. 86-184.

728 P.2d 789 (1986)

Thomas L. TOPE and Anna Tope, Plaintiffs and Appellants, v. Lillian Ruth TAYLOR, Defendant and Respondent.

Supreme Court of Montana.

Decided November 20, 1986.


Attorney(s) appearing for the Case

Emmons & Coder, Robert L. Emmons, Great Falls, for plaintiffs and appellants.

Hoyt & Blewett, Alexander Blewett, III, Great Falls, for defendant and respondent.


MORRISON, Justice.

On March 25, 1986, final judgment was entered in the District Court of the Twelfth Judicial District, County of Choteau, granting defendant, Lillian Ruth Taylor's motion for summary judgment. Thomas L. Tope and Anna Tope appeal. We reverse the judgment and remand this cause because material issues of fact exist.

On May 24, 1974, Leslie Taylor drew his last will and testament in the law offices of Hauge, Hauge, Ober and Spangelo in Havre...

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