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IN RE BARGLER'S ESTATE

No. 9263.

289 P.2d 680 (1955)

In the Matter of the ESTATE of William P. BARGLER, Deceased. The STATE of Montana, Appellant, v. Patrick L. CUMMINGS, as Executor of the Estate of William P. Bargler, also known as William P. Bargler, Deceased, Respondent.

Supreme Court of Montana.

Decided October 28, 1955.

Rehearing Denied November 21, 1955.

Attorney(s) appearing for the Case

Arnold H. Olsen, Atty. Gen., William F. Crowley, Asst. Atty. Gen., H. O. Vralsted, Sp. Asst. Atty. Gen., for appellant. H. O. Vralsted, Sp. Asst. Atty. Gen., argued the case orally.

Toomey and Hughes, Helena, Charles R. Casey, Leadville. Colo., for respondent. Michael J. Hughes, Helena, argued the case orally.

ANDERSON, Justice.

The decedent, William P. Bargler, died on November 18, 1951, at Elliston, Montana. The record discloses that he left no known relatives either in the State of Montana or elsewhere. Prior to 1949, and while living at Elliston, Montana, the decedent subsisted on old age assistance benefits and lived in a cabin in that town. In 1949 the decedent's brother, Charles Bargler, died in Leadville, Colorado. After the death of Charles Bargler, William Bargler...

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