ESTATE OF IOUPE

No. 930354-CA.

878 P.2d 1168 (1994)

In the Matter of the ESTATE OF Dale Everett IOUPE, aka Dale Edward Ioupe, aka Dale Everett Ioupe Montes, Deceased. The MONTES FAMILY, Appellants, v. Angela Ioupe CARTER, Appellee.

Court of Appeals of Utah.

July 15, 1994.


Attorney(s) appearing for the Case

Loni F. DeLand (argued), McRae & De-Land, Salt Lake City, for appellants.

Davis S. Kunz (argued), Ogden, for appellee.

Before BENCH, BILLINGS and ORME, JJ.


ORME, Associate Presiding Judge:

The Montes Family, appellants in this case, claim that the will of Dale Everett Ioupe is invalid for lack of testamentary capacity and because it is the product of undue influence. The trial court ordered the will admitted to probate, ruling that the decedent had the requisite capacity and was not unduly influenced in his testamentary disposition. We disagree with part of the trial court's analysis, but affirm its judgment.

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