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IN RE ESTATE OF PRESCOTT

No. 99-534.

8 P.3d 88 (2000)

2000 MT 200

In the Matter of the ESTATE OF Gertrude E. PRESCOTT, a/k/a Scotty Prescott, deceased.

Supreme Court of Montana.

Decided July 20, 2000.

Attorney(s) appearing for the Case

Thomas M. White, Sedivy, White & White, P.C., Bozeman, Montana, For Appellant.

Calvin M. Braaksma, Landoe, Brown, Planalp, Braaksma & Reida, P.C., Bozeman, Montana Brian M. Morris, Goetz, Baldwin & Dolan, P.C., Bozeman, Montana, For Respondents.

Justice TERRY N. TRIEWEILER delivered the opinion of the Court.

¶ 1 The Appellant, William Prescott Putman, brought this action against the estate of his mother, Gertrude E. Prescott, in the District Court for the Eighteenth Judicial District in Gallatin County. Putman sought to invalidate Prescott's will on the basis that she either lacked testamentary capacity at the time she executed her will or that Putman was an omitted child pursuant to § 72-2-332...

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