[Download] "Matter Estate Carolyn G. Nelson v. Harold" by Supreme Court of South Dakota # eBook PDF Kindle ePub Free

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Title: Matter Estate Carolyn G. Nelson v. Harold
Author : Supreme Court of South Dakota
Release Date : January 10, 1977
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 64 KB

Description

WINANS, Justice.* This is an appeal from an order denying probate of an olographic will. Proponents dispute the findings of
the trial court on the questions of testamentary intent and testamentary capacity. We reverse. Proponents Richard and Cornelia Osterkamp petitioned to probate the olographic will of Carolyn G. Nelson in circuit court.
Contestants, heirs at law of the decedent, filed in opposition to the probate, alleging that the instrument submitted was
not in fact or in law a will. They also alleged that the decedent lacked the required testamentary capacity at the time the
will was executed because she was under the influence of intoxicating liquor. After a hearing on these questions, the trial
court found that the writing was not testamentary in character, was not executed with testamentary intent, and the decedent
lacked the testamentary capacity essential to a valid will. Proponents appeal.