IN RE ESTATE OF McLEAN

No. 03-210.

99 P.3d 999 (2004)

2004 WY 126

In the Matter of the ESTATE OF Thelma E. McLEAN, Deceased. Donnie Melcher, Appellant (Petitioner), v. Eugene H. Benson; The Benson Agency; and Heather L. Benson, Appellees (Defendants), and David A. Hall, Personal Representative of the Estate of Thelma McLean, Appellee (Plaintiff).

Supreme Court of Wyoming.

October 29, 2004.


Attorney(s) appearing for the Case

Representing Appellant: Douglas Fowler, Cheyenne, Wyoming.

Representing Appellees: Julie M. Yates of Anthony, Nicholas, Tangeman & Yates, LLC, Laramie, Wyoming.

Before HILL, C.J., and GOLDEN, LEHMAN, and VOIGT, JJ., and SPANGLER, D.J. Ret.


VOIGT, Justice.

[¶ 1] On November 28, 1994, Thelma E. McLean (McLean) executed her Last Will and Testament. McLean's friends, Eugene and Heather Benson, were the only named beneficiaries. After McLean's death, her grandson, Donald Melcher (Melcher), challenged the validity of her will, arguing that she lacked the requisite testamentary capacity. The Bensons moved for summary judgment, which was granted by the district court. Melcher appealed. We affirm.

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