NRS
137.020 Trial of contest: Jury; costs.
1. In the contest, the contestant is
plaintiff and the petitioner is defendant. The written grounds of opposition
constitute a pleading and are subject to the same rules governing pleadings as
in the case of a complaint in a civil action.
2. An issue of fact involving the
competency of the decedent to make a will, the freedom of the decedent at the
time of the execution of the will from duress, menace, fraud or undue
influence, the due execution and attestation of the will, or any other question
substantially affecting the validity of the will, must be tried by the court
unless one of the parties demands a jury. The party demanding the jury shall
advance the jury costs.
3. Upon the determination of the contest, costs
must be awarded in accordance with the provisions of chapter 18 of NRS.
[Part 18:107:1941; 1931 NCL § 9882.18]—(NRS A 1999,
2268)
Notes of Decisions
Cited in
4
cases (
2 in the last 5 years), 1959–2022 · leading case:
Gavin v. Rhoden, 625 P.2d 571 (Nev. 1981).
Gavin v. Rhoden, 625 P.2d 571 (Nev. 1981).
“NRS 137.020(3). This is a companion case to Rhoden v.”
In re Est. of Sweet, 2022 NV 68 (Nev. 2022).
· cites it 4× “She argues the mandatory language of NRS 137.020(2)18 required a will contest.”
In re Est. of Sweet (Nev. 2022).
· cites it 2× “She argues the mandatory language of NRS 137.020(2)18 required a will contest.”
Close v. Flanary, 339 P.2d 379 (Nev. 1959).
· cites it 2× “” NRS 137.020 provides: “Any issue of fact involving the competency of the decedent to make a last will and testament, the freedom of the decedent at the time of the execution of the will from duress, menace, fraud or undue influence, the due execution and attestation of the…”
— Nev. Rev. Stat. § 137.020(2) — 2 cases
In re Est. of Sweet, 2022 NV 68 (Nev. 2022).
“She argues the mandatory language of NRS 137.020(2)18 required a will contest.”
In re Est. of Sweet (Nev. 2022).
“She argues the mandatory language of NRS 137.020(2)18 required a will contest.”
— Nev. Rev. Stat. § 137.020(3) — 1 case
Gavin v. Rhoden, 625 P.2d 571 (Nev. 1981).
“NRS 137.020(3). This is a companion case to Rhoden v.”
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