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BENOLKEN v. MIRACLE

No. 9406.

289 P.2d 953 (1955)

Leo BENOLKEN, Administrator of the Estate of Frank Benolken, deceased, Plaintiff and Appellant, v. Ralph MIRACLE, General Recorder of Branda, Defendant, and George Benolken, et al., Intervenors and Respondents.

Supreme Court of Montana.

Decided October 27, 1955.

As amended on Denial of Rehearing November 21, 1955.

Attorney(s) appearing for the Case

E. F. Bunker, Lyman H. Bennett, Jr., Bozeman, Lyman H. Bennett, Jr., argued orally for appellant.

Ralph J. Anderson and Stanley P. Sorenson, Helena, Ralph J. Anderson, argued orally for intervenors and respondents.

ANDERSON, Justice.

Frank A. Benolken died the 25th of March 1940. Prior to his death he had registered with the general recorder of marks and brands of the State of Montana the brand F/B. After his death decedent's wife, Phoebe Benolken, continued to operate the ranch where the stock bearing the brand F/B were run. The brand expired December of 1941 and was not reregistered by anyone connected with the estate of deceased. Later the F/B brand was recorded in the name...

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