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Wills, Trusts & Estates Keyed to Gallanis
Estate of Patten
Citation:
587 P.2d 1307 (Mont. 1978)Facts
Ella D. Patten died in 1973, survived by her two sons, Donald and Robert. In 1970, about three years before her death, she had attempted to execute a will that devised the bulk of her $200,000 estate to Donald. This 1970 will was found in her safe-deposit box after her death, and Donald presented it for probate. Robert, however, successfully contested its validity on the ground of improper execution. The ineffective attempt at proper execution occurred on July 6, 1970. After failing to get the 1970 will probated, Donald presented for probate a copy of a 1968 will. The original of the 1968 will had been given to Ella by her attorney after its proper execution, but could not be found after her death.
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