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STATE v. DISTRICT COURT

No. 9292.

256 P.2d 1076 (1953)

STATE ex rel. O'SULLIVAN v. DISTRICT COURT OF TENTH JUDICIAL DIST. IN AND FOR FERGUS COUNTY et al.

Supreme Court of Montana.

Order May 21, 1953.

Attorney(s) appearing for the Case

Emmet O'Sullivan, Harlowton, for relatrix.

Floyd O. Small and Clayton R. Herron, Helena, for respondents.

ANGSTMAN, Justice.

This is an original application for a writ of mandate to require Judge McConochie to call in Judge Watts of Musselshell county to preside over a certain probate proceeding pending in Fergus county. The facts set out in the application are these: George L. Lux died in November 1944 in Fergus county, leaving a last will and testament devising and bequeathing his property to his nine brothers and sisters, share and share alike and in which Katherine...

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