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eBook details

• Title: Matter of Estate of Roosa
• Author : Supreme Court of the United States
• Release Date : January 14, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

This case presents two questions relating to testamentary capacity. The first involves a motion for summary judgment, by proponents of a will in response to a contest which raised the issue of testamentary capacity, and is concerned with the nature of the information which must be presented to support a motion for summary judgment and, conversely, by the party opposing the motion to structure a genuine issue of material fact. The second question relates to whether a presumption of lack of testamentary capacity attaches to a guardianship created under the Uniform Veterans Guardianship Act, §§ 3-6-101 through 3-6-119, W.S. 1977 (May 1985 Replacement). The district court held that the will contestants failed to demonstrate appropriately a genuine issue of material fact as to testamentary capacity and afforded no efficacy to the veterans guardianship. Summary judgment was ordered in favor of the proponents of the will. We agree with the ruling of the district court in this instance and affirm the summary judgment which was entered.

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