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HOLTER v. FIRST NATIONAL BANK & TRUST CO. OF HELENA

No. 9979.

336 P.2d 701 (1959)

Norman J. HOLTER, executor of the Will of Norman B. Holter, deceased, and trustee of the Clara Holter Kennet Trust, Plaintiff and Respondent, v. FIRST NATIONAL BANK & TRUST COMPANY OF HELENA, as guardian of the person and estate of James Anton Barbour; James Anton Barbour, a minor, Defendants and Respondents. Phillip Jefferis Barbour, a minor, Defendant and Appellant.

Supreme Court of Montana.

March 18, 1959.

Attorney(s) appearing for the Case

Robert L. Word, Jr., Helena, for appellant.

Weir, Gough, Burke & Booth, John H. Risken, Wesley W. Wertz, Helena, for respondents.

ANGSTMAN, Justice.

This appeal by Phillip Jeffries Barbour, a minor, is taken from a judgment declaring that he must divide equally with the respondent, James Anton Barbour, also a minor, the interest of their deceased mother in the Clara Holter Kennett Trust. Both boys appear by guardians ad litem. The problem in the case is the proper interpretation of a trust deed and arises out of the use therein of the word "issue" and the fact that James is an adopted child...

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