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IN RE VINCENT'S ESTATE

No. 9719.

324 P.2d 403 (1958)

In re VINCENT'S ESTATE. Petition for Order Declaring Termination of Life Estate Formerly Existing in Thomas H. Vincent, now deceased. Lorena A. DENKE, Petitioner and Appellant, v. Paul R. WYLIE, as the Executor of the Last Will and Testament of Thomas H. Vincent, Deceased, Objector and Respondent.

Supreme Court of Montana.

Decided April 10, 1958.

Rehearing denied May 5, 1958.

Attorney(s) appearing for the Case

Lyman H. Bennett, Virginia City, for appellant.

Frank E. Blair, Virginia City, Ralph J. Anderson, Stanley P. Sorenson, Helena, for respondent. Ralph J. Anderson argued orally.

LESTER H. LOBLE, District Judge, sitting in place of BOTTOMLY, Justice.

On August 19, 1916, J.A. McAllister and Annie McAllister, as parties of the first part, made, executed and delivered to Thomas H. Vincent and Lora M. Vincent, his wife, as parties of the second part, a certain warranty deed in usual printed form covering certain real property in Madison County, Montana. Incorporated in typewriting therein were these words:

"The parties of the second part...

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