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CLARK v. CLARK

No. 10617.

387 P.2d 907 (1963)

In the Matter of the Termination of the Interest of Clyde E. Clark in and to Property Owned by Clyde E. Clark and Harriett Rutherford Clark as Joint Tenants with Right of Survivorship and not as Tenants in Common. Sheldon CLARK, Shirley T. Clark, Kenneth G. Clark, Carrie Bayne, and Sadie Hill, Plaintiffs and Appellants, v. Harriett Rutherford CLARK, Defendant and Respondent.

Supreme Court of Montana.

Decided December 30, 1963.

Attorney(s) appearing for the Case

Morrow & Nash, James H. Morrow, Jr. (argued), Bozeman, for appellants.

Lyman H. Bennett, Jr. (argued), Roy Keister, Bozeman, for respondent.

JAMES T. HARRISON, Chief Justice.

This is an appeal from a judgment of the district court following a trial at which two separate causes, both of which turn on the same issue, were consolidated. The several appellants, who will be designated as such in this opinion, are the brothers and sisters of the deceased Clyde E. Clark, who died October 14, 1962. The respondent, Harriett Rutherford Clark, was the wife of Clyde E. Clark until the matrimonial union was dissolved...

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