[Go to Documents] | Filed May 7, 1991 |
In the Matter of the Estate of John Willard Skei, Deceased
Barbara Brugger, Appellee
v.
Dorthea Stroh, Lloyd Stroh, Arlie and Evelyn Krein, Appellants
Civil No. 900381
Appeal from the County Court for Burleigh County, South Central Judicial District, the Honorable Burt L. Riskedahl, Judge.
AFFIRMED.
Opinion of the Court by Meschke, Justice.
Vinje Law Firm, 523 North 4th Street, Bismarck, ND 58501, for appellee; argued by Ralph A. Vinje.
Carpenter Offices, 314 E. Thayer, Suite 100, P.O. Box 2761, Bismarck, ND 58502, for appellants; argued by Deborah J. Carpenter.
In the Matter of the Estate of John Willard Skei, Deceased
Brugger v. Stroh
Meschke, Justice.
Dorthea Stroh and her children appealed from dismissal of their challenge to the probate of her brother's will. The will divided Skei's property between his niece and his live-in-companion, and omitted his sister and his nephew. The contestants argue that the trial court's decision was clearly erroneous because the trial court failed to give more weight and credibility to their evidence on Skei's lack of testamentary capacity and the undue influence exerted by his companion. "Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud . . . or other cause affecting its validity." NDCC 30.1-15-07. "Findings of fact shall not be set aside unless clearly erroneous, and due regard shall be given to the opportunity of the trial court to judge the credibility of the witnesses." NDRCivP 52(a). We affirm under NDRAppP 35.1(a)(2).
Herbert L. Meschke
Beryl J. Levine
H.F. Gierke, III
Gerald W. VandeWalle
Ralph J. Erickstad, C.J.