Tsoodle, Samuel, Estate of, 11 IBIA 163 (1983)

Extract

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Tsoodle, Samuel, Estate of, 11 IBIA 163 (1983)

Appeal from an order denying rehearing issued by Administrative Law Judge Keith L.

Burrowes. IP BI 510 B-80.

Affirmed.

1. Indian Probate: Wills: Testamentary Capacity: Generally

The burden of proof as to testamentary incapacity in Indian probate proceedings is on those contesting the will.

2. Indian Probate: Wills: Testamentary Capacity: Generally

To invalidate an Indian will for lack of testamentary capacity, the evidence must show that the decedent did not know the natural objects of his bounty, the extent of his property, or the desired distribution of that property. Furthermore, the evidence must show that this co...

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