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ESTATE OF DeCOCK v. DeCOCK

No. 95-293.

925 P.2d 488 (1996)

In re the ESTATE OF Margaret DeCOCK, Joyce Hert, Appellant and Cross-Appellee, v. James DeCOCK and Robert DeCOCK, Respondents and Cross-Appellants.

Supreme Court of Montana.

Decided October 22, 1996.

Attorney(s) appearing for the Case

Robert L. Stephens, Jr., Billings, George Radovich, Radovich Law Firm, Billings, for Appellant.

James A. Hubble, Hubble & Ridgeway, Stanford, for Respondent.

NELSON, Justice.

Appellant Joyce Hert, appeals the decision of the Sixteenth Judicial District Court, Treasure County, finding that Joyce's mother, Margaret DeCock, had testamentary capacity to execute her 1984 will and that Joyce exerted undue influence over Margaret in the transactions surrounding several Certificates of Deposit (CDs). Joyce's brothers, Robert and James DeCock, cross-appeal as to the District Court granting Joyce's motion for a new trial with respect...

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