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ESTATE OF RUDD

No. 10237.

369 P.2d 526 (1962)

140 Mont. 170

In the Matter of the ESTATE of John RUDD, Deceased. Sophie Lundervold JOHNSON, et al., Objectors, Plaintiffs and Respondents, v. John J. JENSEN, Mike Davey, Roman Catholic Bishop of Great Falls, a corporation sole, and Community Congregational Church of Absarokee, Montana, Petitioners, Proponents, Defendants, and Appellants.

Supreme Court of Montana.

Decided March 6, 1962.

Attorney(s) appearing for the Case

Blenkner & Blenkner, Columbus, Sandall, Moses, Cavan & Battin, Billings, Wm. R. Morse, Absarokee, Wiggenhorn, Hutton, Schiltz & Sheehy, James L. Sandall, (argued orally), John C. Sheehy, (argued orally), Billings, for appellants.

Henry I. Grant, Jr., Columbus, Coleman, Lamey & Crowley, Frank A. Gallagher, (argued orally), Billings, for respondents.

JAMES T. HARRISON Chief Justice.

On January 12, 1960, John Rudd, a Norwegian immigrant to the United States, died in Columbus, Montana, at the age of 88 years, leaving an estate in excess of $70,000. He was a single man, never having married. His known relatives were Hans Birkeland, a third cousin; Ole Lundervold, a second cousin; Sophie Lundervold Johnson, Ole's daughter; and Alvin Johnson, the son of Sophie.

On January 19, 1960, a document dated January...

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