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STATE v. DISTRICT COURT OF THIRTEENTH JUDICIAL DIST.

No. 10736.

389 P.2d 178 (1964)

The STATE of Montana ex rel. Katie SEADER, Executrix of the Estate of Conrad Seader, Relatrix v. DISTRICT COURT OF the THIRTEENTH JUDICIAL DISTRICT of the State of Montana, IN AND FOR the COUNTY OF BIG HORN, and Honorable E. E. Fenton, District Judge, Respondents.

Supreme Court of Montana.

Decided April 3, 1964.

Attorney(s) appearing for the Case

Bert W. Kronmiller and Douglas Y. Freeman (argued), Hardin, for appellant.

Hibbs, Sweeney & Colberg, Rexford Hibbs (argued), Maurice Colberg, Jr. (argued), Billings, for respondent.

JOHN C. HARRISON, Justice.

This is an original application for a writ of supervisory control.

It appears that Conrad Seader died October 10, 1961, in Big Horn County and that on November 24 of the same year his last will and testament was admitted to probate. His widow, Katie Seader, relatrix herein, was appointed executrix of his estate. On November 30, 1961, notice to creditors was duly published in the Hardin Tribune-Herald and the time for presentation...

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