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GARREN v. McGILLVRAY

No. 9886.

339 P.2d 487 (1959)

Edna Mae GARREN, Edna mae garren, as Administratrix of the Estate of Homer B. Garren, deceased; Edna Mae Garren as Guardian ad litem for Gerald Garren, a Minor, Plaintiffs and Respondents, v. William McGILLVRAY, as Executor of the Estate of Wilbur C. Cook, Deceased, Defendant and appellant.

Supreme Court of Montana.

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, Helena, argued orally for Appellant.

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

Joseph McElwain, Deer Lodge, argued orally for Respondent.

ANGSTMAN, Justice.

The facts in this case are identical with those in No. 9885, McGraff v. McGillvray, 135 Mont. 256, 339 Pac. (2d) 478. The same legal question is presented here as was considered there.

On the authority of that case, the order appealed from is affirmed.

MR. JUSTICE CASTLES, and THE HONORABLE GUY C. DERRY, District Judge, sitting in place of MR. CHIEF JUSTICE HARRISON, concur.

BOTTOMLY, Justice (dissenting).

The facts...

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