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MATTER OF ESTATE OF HOLMES

No. 14379.

599 P.2d 344 (1979)

In the Matter of the ESTATE OF Charles Livingstone HOLMES, Deceased.

Supreme Court of Montana.

Decided August 27, 1979.

Attorney(s) appearing for the Case

Jardine, Stephenson, Blewett & Weaver, Great Falls, Jack L. Lewis, argued, Great Falls, for appellant.

Fennessy, Crocker & Harman, Libby, Evans & German, Libby, Ann C. German, Libby, argued, for respondent.

HARRISON, Justice.

This is an appeal from a District Court order finding that the will of Charles Livingstone Holmes provided for a charitable bequest within the purview of Montana's Mortmain Statute and therefore was valid only as to one-third of the decedent's estate and that the remaining two-thirds of the estate should pass to the heirs of the decedent by operation of law. The beneficiary of the charitable bequest negated by the order, the Shriners Hospitals for...

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