In re Estate of Cook
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The Supreme Court affirmed the order of the district court that Dan Cook's last will and testament be confirmed and admitted to probate and that Kim Smith be appointed personal representative of the estate, holding that, although the district court erred in applying an incorrect burden of proof to determine the validity of the will, the error was harmless.
Specifically, the Supreme Court held (1) the district court did not err in concluding that Smith did not exceed her general power of attorney granted her by Cook when she transferred Cook's money; (2) the district court did not err in finding that Cook had the requisite capacity to enter into a valid marriage with Smith shortly before his death; and (3) while the court erred in applying an incorrect burden of proof in determining the validity of Cook's will, the error was harmless because the court's findings of fact were sufficient under the correct burden of proof to support the conclusion that Cook was competent to create and amend a valid will.
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