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SHOOK v. WOODARD

No. 9467.

290 P.2d 750 (1955)

James E. SHOOK and Ella Novak, Plaintiffs and Respondents, v. George WOODARD and Mable Woodard Eyman, Defendants and Appellants.

Supreme Court of Montana.

December 1, 1955.

Attorney(s) appearing for the Case

Ralph J. Anderson, Helena, Messrs. Wilson and Wilson and Joseph T. Wilson, White Sulphur Springs, for appellants.

George Niewoehner, White Sulphur Springs, for respondent.

Mr. Anderson and Mr. Niewoehner argued orally.

ANGSTMAN, Justice.

Argo Woodard, a resident of Meagher County, died intestate July 9, 1939; his wife, Emma Woodard, died October 5, 1946, also without leaving a will. Each owned in their own name separate pieces of real estate. No proceedings for the probate of the estate of Argo took place prior to the death of his wife Emma. After the death of Emma Woodard, James Shook, a grandson, was appointed administrator and later on October 8, 1947, the letters issued to him...

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