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Estate of Kurth

Estate of Kurth, 2016 MT 188 (Aug. 9, 2016) (Cotter, J.) (5-0, aff’d)

Issue: (1) Whether the district court abused its discretion in granting Barstis’s motion to amend, denying Puryers’ motion to amend, and concluding that Kurth died intestate; and (2) whether the district court erred in awarding costs to Barstis.

Short Answer: (1) No; and (2) no.


Facts: Paul Kurth died in January 2000 at age 82 in Missoula. He had never married and had no children. Before his death, he lived for several years with his niece and her husband, Sinda and Marty Puryer, in Kalispell. In February 1998, Marty hand wrote a document entitled the last will and testament of Paul Kurth. Marty claims that Kurth dictated the contents of the document to him and signed it in his presence and the presence of one other person.…