In re Estate of Harmon
Annotate this CaseThis case involves two competing wills made slightly over one month apart near the end of the decedent's life. The district court granted the estate's personal representative Roger Harmon's motion for summary judgment in favor of the probate of a will executed by the decedent Cecilia Harmon in January, 2009. The court dismissed Appellant Dennis Waitt' s formal petition to probate a handwritten document Waitt claimed was a valid holographic will executed by the decedent in December, 2008, and denied Waitt's motion to vacate, alter or amend the order granting summary judgment in favor of Harmon. Waitt produced affidavits alleged to have contained the decedent's wishes in drafting the holographic will, but the affidavits were excluded as hearsay. On review of the record, the Supreme Court held that Waitt did not present sufficient evidence to demonstrate the existence of a genuine issue of material fact required to defeat the summary judgment, and affirmed the lower court's decision.
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