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STATE v. DISTRICT COURT FO THIRD JUDICIAL DISTRICT

No. 10562.

380 P.2d 204 (1963)

STATE of Montana, ex rel. Ted KUBURICH, Relator, v. The DISTRICT COURT OF the THIRD JUDICIAL DISTRICT of the State of Montana, and, the Honorable John B. McClernan, Judge Presiding, Respondents.

Supreme Court of Montana.

Decided April 2, 1963.

Attorney(s) appearing for the Case

Robert J. Boyd, Anaconda, William R. Taylor (argued orally), Deer Lodge, John N. Radonich (argued orally), Anaconda, Peter A. Schwabe, Portland, Or., for relator.

Emmet T. Walsh (argued orally), Jack M. Scanlon (argued orally), Anaconda, for respondents.

PER CURIAM.

This is an original proceeding arising out of a probate matter. On March 11, 1963, the relator petitioned this court to take original jurisdiction in a situation as follows: In the Estate of George Maricich, deceased, in Deer Lodge County, the inventory reveals cash assets of $23,569.74. Jerry Popovich had been executor of the estate, having been named such in a will dated May 16, 1960. Relator had contested that will in an action in district court, entitled...

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