Estate of Stephenson v. Estate of Stephenson
Estate of Stephenson v. Estate of Stephenson
Opinion of the Court
delivered the Opinion of the Court.
This is an appeal from an order of the district court admitting the last will and testament of Alfred O. Stephenson to probate. The will was admitted after a will contest tried before a jury, wherein the jury found for the contestants.
The proponent in the will contest offered two wills for probate bearing the dates of February 5, 1957, and March 27, 1957, respectively. The will of February 5, 1957, left one-half of the property to Margaret E. Senzek, proponent and appellant herein, and one-half to the three sisters of deceased, who were the contestants in the will contest. The will of March 27, 1957, left all the property to Margaret E. Senzek. A previous will, dated January 26, 1957, left all the property to the three sisters, and this was the will which was offered by the contestants and subsequently admitted to probate. The jury found that fraud and undue influence had been exerted upon the testator by the proponent when he executed the wills dated February 5, 1957, and March 27, 1957.
The first matter for our decision is a motion to strike
Without the bill of exceptions we are limited to a consideration of the judgment roll, which does not contain the evidence before the district court. In such a situation, we indulge in the presumption that the evidence produced supports the jury’s findings and the order of the district court based thereon. Tiffany v. Uhde, 123 Mont. 507, 216 P.2d 375; Warren v. Warren, 127 Mont. 259, 261 P.2d 364.
The order of the district court admitting the will of January 26, 1957, to probate is affirmed.
Reference
- Full Case Name
- IN THE MATTER OF THE ESTATE OF ALFRED O. STEPHENSON, MARGARET E. SENZEK, and v. ESTATE OF ALFRED O. STEPHENSON, and
- Cited By
- 1 case
- Status
- Published