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STATE v. DISTRICT COURT

No. 9110.

242 P.2d 850 (1952)

STATE ex rel. HILL v. DISTRICT COURT OF SECOND JUDICIAL DISTRICT et al.

Supreme Court of Montana.

Decided April 11, 1952.

Attorney(s) appearing for the Case

W.G. Gilbert, W.G. Gilbert, Jr., Dillon, Poore & Poore, and Howard A. Johnson, all of Butte, for appellant.

T.F. McFadden, Dillon, H. D. Carmichael, Mr. J.F. Emigh, Butte, for respondent.

FREEBOURN, Justice.

This is a contest between George U. Hill, cashier of the First National Bank of Butte, and J.W. Rees, cashier of the First National Bank of Dillon, to determine which shall be executor of the last will and testament of Anna Huber Thompson, deceased.

The will was made on July 21, 1937, naming Hill as executor. Three codicils were executed. The second codicil, dated November 8, 1947, named Hill as executor, with the proviso that if he did...

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