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SELWAY v. BURNS

No. 11260.

429 P.2d 640 (1967)

James E. SELWAY, as Administrator of the Estate of Mary E. Burles, Deceased, Plaintiff and Appellant, v. Richard F. BURNS, as Executor of the last will and Testament of E.L. Burles, sometimes Known as Edward L. Burles, Deceased, Defendant. Carrie May Suthard, Movant to vacate and set aside Judgment, Respondent.

Supreme Court of Montana.

Decided July 5, 1967.

As Amended on Denial of Rehearing July 24, 1967.

Attorney(s) appearing for the Case

Meloy & Kline, Helena, John R. Kline (argued), Helena, Weir, Gough & Booth, and Cordell Johnson, of counsel, Helena, Edwin S. Booth (argued), Helena, W.G. Gilbert, Jr. (argued), Dillon, for appellant.

John H. Jardine (argued), Whitehall, Frank M. Davis (argued), Dillon, for respondent.

DOYLE, Justice.

This is an appeal from an order of the district court of Beaverhead County setting aside a judgment on the ground that it was gained by fraud.

The judgment vacated resulted from a suit brought against Richard F. Burns in his capacity as executor of the E.L. Burles' estate. The Honorable Philip C. Duncan, Judge of the 5th Judicial District, presided over both the probate of the E.L. Burles' estate and...

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