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STATE, FISH & GAME COM. v. KELLER ETC.

No. 13447.

568 P.2d 166 (1977)

STATE of Montana Acting By and Through the STATE FISH AND GAME COMMISSION, Plaintiff and Appellant. v. Paul T. KELLER, Executor of the Estate of Ray Kuhns, Deceased et al., Defendants and Respondents.

Supreme Court of Montana.

Decided August 22, 1977.

Rehearing Denied September 12, 1977.

Attorney(s) appearing for the Case

Clayton R. Herron (argued), Helena, for appellant.

Keller, Reynolds & Drake, Paul T. Keller (argued), Helena, Tipp & Hoven, Vernon Hoven (argued), Missoula, for respondents.

HASWELL, Justice.

Plaintiff appeals from the district court's determination in a declaratory judgment suit to construe a will that there was no ambiguity in the will and defendants were entitled to distribution of certain real property.

Plaintiff is the state of Montana Fish and Game Commission. In his will executed October 22, 1971, Ray Kuhns devised to the State Fish and Game Commission certain real property which constituted the bulk of a ranching and farming...

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