In Re Estate Of Patten

587 P.2d 1307 (1978)

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Nature of the Case

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Facts

Ella Patten died. Her heirs are her two sons: P, proponent, and D, contestant. In a prior proceeding, it was held that Ella's alleged will made in 1970, could not be admitted to probate because it was not properly executed. The copy of the will before the court was executed on November 25, 1968. When the will was executed, the original was given to Ella D. Patten and a copy was retained by the attorneys who drew the will. At the decedent's death, the original could not be found. The copy was presented for probate. Both wills left the bulk of the estate, approximately $200,000, to P. In the 1968 will, D was named executor of the estate. In the 1970 will, this appointment was deleted. The 1970 will omits some specific bequests which were in the 1968 will. The remaining paragraphs in the wills are almost identical in language and form. D petitioned the District Court for a determination that Ella died intestate. P requested the court to admit a copy of the 1968 will to probate. D moved the court for summary judgment on the grounds that the copy of the 1968 will was not entitled to probate. The District Court's refused to apply the doctrine of dependent relative revocation and admit the copy of the 1968 will to probate. The court granted D's. P appealed.