IN RE HOFMANN'S ESTATE

No. 9429.

318 P.2d 230 (1957)

Matter of the ESTATE of John E. HOFMANN, Deceased. DALY BANK & TRUST COMPANY, Executor, Respondent, v. The STATE of Montana, Appellant.

Supreme Court of Montana.

Decided October 23, 1957.

Rehearing Denied December 4, 1957.


Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., Arnold H. Olsen, former Atty. Gen., N.A. Rotering, Sp. Asst. Atty. Gen., for appellant.

N. A. Rotering, Sp. Asst. Wade J. Dahood, Anaconda, for respondent.

J. B. C. Knight and Wade J. Dahood, Anaconda, argued orally for respondent.

Michael E. Ruane, Anaconda, amicus curiae.


HARRISON, Chief Justice.

This is an appeal by the State of Montana from a decree of distribution entered in the estate of John E. Hofmann, deceased. The decedent died November 27, 1948. At the time of his death he was a resident of Deer Lodge County, Montana. His last will dated July 31, 1948, was admitted to probate and letters testamentary were issued on December 24, 1948. On January 26, 1949, the district court by order appointed Roy A. Michaud and M.E. Ruane as...

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