In re Estate of Hall case brief

In re Estate of Hall case brief summary
51 P.3d 1134 (2002)

CASE SYNOPSIS

Appellant daughter of the decedent appealed a judgment of the Eighth Judicial District Court, Cascade County, Montana, admitting the decedent's and his wife's joint will to probate.

CASE FACTS
The daughter argued that the joint will was invalid as a matter of law because no one properly witnessed it. The instant court noted that the daughter's arguments why the will was improperly witnessed were irrelevant to this appeal. The only question before the instant court was whether the district court erred in concluding that the decedent intended the joint will to be his will under Mont. Code Ann. § 72-2-523.

DISCUSSION

• The instant court concluded that the district court did not err in admitting the joint will to probate. 
• The district court made several findings of fact that supported its conclusion. 
• In particular, the district court noted that the joint will specifically revoked all previous wills and codicils made by either the decedent or his wife. 
• Furthermore, the district court found that, after the decedent and his wife had executed the joint will, the decedent directed the wife to destroy the original will. 
• Because the decedent directed the wife to destroy his original will, the instant court also concluded that the district court did not err in finding that these acts were acts of revocation of the original will.

CONCLUSION
The judgment was affirmed.

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