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McGRAFF v. McGILLVRAY

No. 9885.

339 P.2d 478 (1959)

Anna Mae McGRAFF, Anna Mae mcGraff, as Administratrix of the Estate of Melvin Earl McGraff, Deceased, Plaintiffs and Respondents, v. William McGILLVRAY, as Executor of the Estate of Wilbur C. Cook, Deceased, Defendant and Appellant.

Supreme Court of Montana.

Decided April 9, 1959.

Rehearing Denied June 2, 1959.

Attorney(s) appearing for the Case

Wellington D. Rankin, Arthur P. Acher, Helena, for appellant.

Wellington D. Rankin and Arthur P. Acher argued orally.

Keeley, McElwain & Ryan, Deer Lodge, for respondent.

Joseph A. McElwain argued orally.

ANGSTMAN, Justice.

This is an appeal by defendant from an order denying his motion for change of place of trial.

The action was brought in Powell County, in behalf of the heirs of Melvin Earl McGraff, to recover damages for his wrongful death. The complaint alleges that defendant McGillvray is the executor of the estate of Wilbur C. Cook, now deceased; that Wilbur C. Cook, on August 19, 1956, wilfully, unlawfully and wrongfully shot and killed Melvin Earl...

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