IN RE STOIAN'S ESTATE

No. 9974.

357 P.2d 41 (1960)

In the Matter of the ESTATE of Eli STOIAN, also known as Elie Stoian, Deceased. Dan D. VONICA, Plaintiff and Respondent, v. UNKNOWN FOREIGN AND NON-RESIDENT HEIRS OF Eli STOIAN, also known as Elie Stoian, Deceased, Defendants, and The State of Montana, Defendant and Appellant.

Supreme Court of Montana.

Decided November 21, 1960.

Rehearing Denied December 12, 1960.


Attorney(s) appearing for the Case

Forrest H. Anderson, Atty. Gen., Nicholas A. Rotering, Asst. Atty. Gen., for appellant. Nicholas A. Rotering, Asst. Atty. Gen., argued orally.

Joseph A. McElwain and M. K. Daniels, Deer Lodge, argued orally, for amici curiae.

Ralph J. Anderson and Stanley P. Sorenson, Helena, for respondent. Ralph J. Anderson Helena, argued orally.


HARRISON, Chief Justice.

This is an appeal by the State of Montana from an order determining heirship entered in the district court of the third judicial district, Powell County, on April 28, 1958, in which it was decreed that Dan D. Vonica was the only surviving heir at law of the deceased, Eli Stoian, and therefore entitled to distribution of the entire estate.

Eli Stoian died intestate on or about the 1st day of January 1949, leaving an estate in excess...

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