Matter of Estate of Gudmunsen

545 P.2d 146, 169 Mont. 53, 1976 Mont. LEXIS 638
Montana Supreme Court·Decided January 14, 1976·No. 13099·Published·Cited by 5 cases

Opinion

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an appeal from an order of the district court, Still-water County, refusing to admit to probate the purported holographic will of Malinus E. Gudmunsen, deceased.

Malinus E. Gudmunsen died as a result of a fire in his farm home near Rapelje, Montana. The death certificate set the date of death as December 14, 1972.

On January 10, 1973, Bruce líenderson, respondent, was appointed special administrator of the estate of Malinus E. Gudmunsen. In January, 1973, respondent went to Gudmunsen’s farm house and gathered what appeared to be the valuable papers of Gudmunsen, taking them home for sorting. Among these papers he found a document, written on tablet paper, in Gudmunsen’s handwriting, which appeared to be an attempt by Gudmunsen to make a last will and testament. This document was in a burned condition, with the edges having been singed and partially burned away. A copy of the document is here reproduced:

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Matter of Estate of Gudmunsen, 545 P.2d 146, 169 Mont. 53, 1976 Mont. LEXIS 638 (Mo. 1976).

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