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BELGRADE STATE BANK v. SWAINSON

No. 13473.

564 P.2d 174 (1977)

BELGRADE STATE BANK, a Montana Corporation, Plaintiff and Respondent, v. Herbert Earl SWAINSON, Individually, and as Guardian of the Estate of Wanda K. Swainson, Western Surety Company, a corporation, Mrs. Robert Black, James Hunt and Larry Jordan, Defendants and Appellants.

Supreme Court of Montana.

Decided May 12, 1977.

Attorney(s) appearing for the Case

Huppert & Swindlehurst, Livingston, Arnold Huppert, argued, Livingston, Swandal & Douglas, Livingston, Kent Douglass and Byron L. Robb, argued, Livingston, for defendants and appellants.

Stephen Clarke Mackey, argued, Billings, Towe, Neely & Ball, Billings, for plaintiff and respondent.

HARRISON, Justice.

Defendants appeal from the judgment of the district court, Park County, for plaintiff Belgrade State Bank.

In 1966 Herbert Earl Swainson (Bert) was appointed guardian of his minor daughter's estate and proceeded to manage the assets, which the daughter had inherited from her mother. A part of the estate was used to purchase a ranch near Livingston, Montana and the rest was put in certificates of deposit. The district court judge who presided...

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