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ESTATE OF LIEN

No. 94-264.

892 P.2d 530 (1995)

In the Matter of the ESTATE OF Alf A. LIEN, Deceased.

Supreme Court of Montana.

Decided March 21, 1995.

Rehearing Denied April 24, 1995.

Attorney(s) appearing for the Case

Robert L. Johnson, Lewistown; J. Douglas Alexander, Sidney, for appellant.

Gene R. Jarussi, Jarussi & Bishop, Billings, Phillip N. Carter, Sidney, for respondent.

WEBER Justice.

This is an appeal from a summary judgment order in the District Court of the Fifteenth Judicial District, Roosevelt County, in favor of Mabel Gobbs, the Personal Representative of the Estate of Alf A. Lien. Appellant Dr. Clifton Berglee (Berglee) contested a 1989 will being probated by Mrs. Gobbs. Berglee claimed an earlier will should prevail and the 1989 will was invalid based on lack of testamentary capacity, undue influence, fraud and restraint...

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