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MARANS v. NEWLAND

No. 10628.

390 P.2d 443 (1964)

In the Matter of the Estate of Emil Marans. Sylvia MARANS, Appellant, Howard Marans and Donalee Marans Lessuk, Cross-Appellants, v. John NEWLAND and Elmer Mester, Respondents.

Supreme Court of Montana.

March 25, 1964.

Attorney(s) appearing for the Case

Kendrick Smith (argued), Robert A. Poore (argued), Butte, Schulz & Davis, Leonard A. Schulz, Dillon, for appellant.

James E. Purcell, Butte, for respondents.

JAMES T. HARRISON, Chief Justice.

Emil Marans died on September 21, 1958, testate. His will directed payment of certain legacies and then in a residuary clause provided in part:

"I hereby give, devise and bequeath all the rest, residue and remainder of my estate, real, personal or mixed, and wherever situate, after all legacies, Federal Estate Taxes and expenses of administration have been fully paid, to my beloved wife, Sylvia Marans, my daughter Donna Lee...

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