IN RE ROBERTS' ESTATE

No. 9661.

338 P.2d 719 (1959)

In the Matter of the Estate of George W. ROBERTS, Deceased. Loretto Lohman ROBERTS, Respondent, v. Franklin H. ROBERTS and Helen Roberts Truax, Appellants.

Supreme Court of Montana.

Dissenting Opinion May 4, 1959.


Attorney(s) appearing for the Case

Wuerthner & Wuerthner, C.W. Murch, Great Falls, for appellant.

Hall, Alexander & Kuenning, Great Falls, for respondent.


VICTOR H. FALL, District Judge.

The facts involved in this appeal are:

George W. Roberts died testate on November 9, 1954. He left surviving his widow, Loretto Lohman Roberts. There were no children. The will was offered for and admitted to probate. No question whatever has been raised relative to the validity of the will. Letters testamentary were granted to the surviving widow, respondent herein, and her coexecutor on December 4, 1954. The inventory and...

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