STATE v. DISTRICT COURT

No. 9036.

225 P.2d 866 (1950)

STATE ex rel. SANFORD v. DISTRICT COURT OF FOURTH JUDICIAL DIST. IN AND FOR MISSOULA COUNTY, et al.

Supreme Court of Montana.

Decided December 21, 1950.


Attorney(s) appearing for the Case

Smith, Boone & Rimel, and Edward T. Dussault, all of Missoula, for relator. Russell E. Smith and Edward T. Dussault, Missoula, argued the case orally.

Lympus & Cyr, Missoula, for respondents. Oskar O. Lympus and Krest Cyr, Missoula, argued the case orally.


BOTTOMLY, Justice.

Original proceeding. On relator's petition challenging the jurisdiction of the district court in a probate proceeding to set aside and vacate its decree theretofore entered settling the final account of an executrix and distributing decedent's estate, this court issued a writ of review directed to the respondent court.

On November 13, 1948, Harry Irvin Rice, a resident of Missoula county, Montana, died testate naming as his legatees his...

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