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TESTAMENTARY TRUST OF CHILD

No. 11601.

457 P.2d 447 (1969)

TESTAMENTARY TRUST of HARRY W. CHILD, DECEASED.

Supreme Court of Montana

Decided July 17, 1969.

Attorney(s) appearing for the Case

Felt, Speare & Thompson, Billings, James R. Felt and James W. Thompson, argued, Billings, for appellant.

Weir, Gough & Booth, Helena, Newell Gough, Jr., appeared, Helena, Crowley, Kilbourne, Haughey, Hanson & Gallagher, Billings, Garlington, Lohn & Robinson, Missoula, Small & Cummins and Carl Hatch, Helena, Floyd O. Small, argued, Helena, for respondent.

CASTLES, Justice.

This is an appeal from a judgment terminating a trust. On October 26, 1923, Harry W. Child created a testamentary trust. Harry W. Child died in 1931. His will made some specific bequests to family members, employees and friends. The twelfth paragraph of such will provided:

"TWELFTH: All the rest, residue and remainder of my estate, real, personal and mixed, wheresoever situate, of which I may die seized or possessed, or to which I may be...

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