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WERNING v. McFARLAND

No. 11194.

423 P.2d 851 (1967)

Lawrence J. WERNING, Plaintiff and Appellant, v. Dorothea C. McFARLAND, Executrix of the Last Will and Testament of Verna Werning, Deceased, Defendant and Respondent.

Supreme Court of Montana.

Decided February 6, 1967.

Attorney(s) appearing for the Case

Poore, Poore, McKenzie & Roth, Allen R. McKenzie (argued), Butte, for appellant.

John M. Radonich, Anaconda, William R. Taylor, Deer Lodge, Robert J. Boyd (argued), Anaconda, for respondent.

CASTLES, Justice.

This is an appeal from an order of the district court denying plaintiff's motion to set aside a decree of distribution and order of final discharge in a probate matter.

The will of Verna Werning was admitted to probate on July 6, 1965. The only beneficiaries were Lawrence J. Werning, plaintiff-appellant here and son of Verna Werning, and Dorothea C. McFarland, defendant-respondent and a niece of Verna Werning. Suit was brought against the...

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