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MARANS v. NEWLAND

No. 10251.

374 P.2d 721 (1962)

Sylvia MARANS, Plaintiff and Respondent, v. John NEWLAND and Elmer Mester, as Executors of the Estate of Emil Marans, Deceased, Defendants and Respondents, Howard Marans and Donalee Marans Lessuk, Defendants and Appellants, J.F. Reid, E.J. Byrne and W.J. Winters, as members of and constituting the State Board of Equalization of the State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Decided September 14, 1962.

Rehearing denied October 10, 1962.

Attorney(s) appearing for the Case

Francis P. Kelly (argued orally), Poore, Poore & McKenzie and Robert A. Poore (argued orally), Butte, for appellants.

Corette, Smith & Dean, Meyer & Meyer, Butte, Sidney O. Smith (argued orally), Helena, Kendrick Smith (argued orally), Butte, for respondents.

JAMES T. HARRISON, Chief Justice.

This is a declaratory judgment action brought by Sylvia Marans as plaintiff against the executors of her deceased husband's estate, his two children by a prior marriage, and the State Board of Equalization. From the judgment entered the two children have appealed.

Emil Marans, the deceased husband, in his lifetime operated a store in Butte, Montana. He had been previously married...

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