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IN RE ESTATE OF LIGHTFIELD

No. DA 08-0157.

213 P.3d 468 (2009)

2009 MT 244

351 Mont. 426

In the Matter of the ESTATE OF Mary Aileen LIGHTFIELD, Deceased.

Supreme Court of Montana.

Decided July 21, 2009.

Attorney(s) appearing for the Case

For Appellant: Paula Saye-Dooper, Attorney at Law, Billings, Montana, Robert L. Stephens, Jr., Southside Law Center, Billings, Montana.

For Appellee: Thane P. Johnson, Johnson, Berg, McEvoy & Bostock, Kalispell, Montana.

Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 Aileen Lightfield died in November 2006. She was survived by her two children, Lee Lightfield and Linda Carlsen. Each child desired probate of a different will signed by Aileen. After a hearing, the District Court of the Seventh Judicial District, Richland County, found that Aileen lacked testamentary capacity and was subject to undue influence at the time she executed both wills and denied probate to...

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