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IN RE STEWART'S ESTATE

No. 10139

363 P.2d 161 (1961)

In re ESTATE of Frances STEWART, deceased. Donald B. STEWART, Petitioner and Appellant, v. Margaret E. BOYLE, Edith S. Slotta, William T. Stewart, James T. Stewart and Frederick W. Stewart, Objectors and Respondents.

Supreme Court of Montana.

Decided May 26, 1961.

Rehearing denied June 14, 1961.

Attorney(s) appearing for the Case

Richard J. Carstensen, Billings, argued orally, for appellant.

Jerome Anderson, Billings, Robert W. Holmstrom, Billings, Walter H. Pendergrass, Portland, Or., for respondent Jerome Anderson, argued orally.

VICTOR H. FALL, District Judge, (sitting in place of DOYLE, J.

This is an appeal from an order made by the court below appointing the First National Bank of Billings as administrator C.T.A. of the estate of Frances Stewart, deceased.

The record discloses the following: John S. Stewart and his wife Frances Stewart executed a joint will, dated January 20, 1948. He died June 14, 1952, and the will was duly admitted to...

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