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IN RE MARICICH'S ESTATE

No. 10367.

371 P.2d 354 (1962)

In the Matter of the ESTATE of George MARICICH, Deceased. Ted KUBURICH, Petitioner and Appellant, v. Jerry POPOVICH, Executor of the Last Will and Testament of George Maricich, Deceased, and Milan Boryan, Defendants and Respondents.

Supreme Court of Montana.

Decided May 17, 1962.

Attorney(s) appearing for the Case

Wm. R. Taylor and Kermit Daniels, Deer Lodge, Robert J. Boyd, Anaconda (argued orally), for appellant.

Emmet T. Walsh, Anaconda, for respondents.

JAMES T. HARRISON, Chief Justice.

This is an appeal from the District Court of the Third Judicial District, Deer Lodge County, from an order sustaining a demurrer to a petition for the revocation of probate of will and letters testamentary and dismissing the proceedings.

It appears that Ted Kuburich was named as executor and trustee under a will executed by George Maricich on September 19, 1956. Thereafter Maricich executed another will dated May 16, 1960...

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