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MATTER OF ESTATE OF SPEAR

No. 13015.

546 P.2d 257 (1976)

In the Matter of the ESTATE of Joseph W. SPEAR, Deceased.

Supreme Court of Montana.

Decided January 12, 1976.

Attorney(s) appearing for the Case

Towe, Neely & Ball, Thomas E. Towe, argued, Billings, for appellant.

Bolinger & Wellcome, H.A. Bolinger, Jr., argued, Bozeman, Crowley, Kilbourne, Haughey, Hanson, Gallagher, Billings, for respondent.

CASTLES, Justice.

Appellant, petitioner for probate of a lost will in the district court, seeks reversal of a judgment of the district court, Musselshell County, the Hon. Nat Allen, presiding without a jury. The judgment denied the petition and allowed administration to continue in accordance with the descent and distribution statutes of Montana.

Joseph W. Spear, a resident of Musselshell County, died August 10, 1973. His estate consisted of 640 acres of real...

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