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ESTATE OF OBSTARCZYK

No. 10380.

377 P.2d 531 (1963)

In the Matter of the ESTATE of Anna OBSTARCZYK, Deceased. Phyllis Lorraine HEMSTAD, Executrix under the Last Will and Testament of Anna Obstarczyk, Plaintiff and Appellant, v. Mary Agnes MEHLHOFF, John Joseph Obstarczyk, Genevieve B. Quilter, Helen S. Tognetti, Anna Irene Anderson and Francis Leo Obstarczyk, Petitioners for Removal of Executrix; and Louis A. Obstarczyk, and Camille Obstarczyk, Interested Persons, Defendants and Respondents.

Supreme Court of Montana.

Decided January 8, 1963.

Attorney(s) appearing for the Case

Jardine, Stephenson, Blewett, Lewis & Weaver, Great Falls, Alex Blewett, Jr., (argued orally), Great Falls, for appellant.

Angland & Marra, Great Falls, Emmett C. Angland (argued orally), Joseph R. Marra (argued orally), Great Falls, for respondents.

JOHN C. HARRISON, Justice.

In this cause Phyllis Lorraine Hemstad was the duly appointed executrix of the estate of her mother, Anna Obstarczyk, and during the course of administration a petition for her removal as such executrix was filed by respondents. Following a hearing an order was entered in the district court of Cascade County which revoked her letters testamentary. She appeals from the order.

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