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MATTER OF ESTATE OF MERKEL

No. 80-53.

618 P.2d 872 (1980)

In the Matter of the ESTATE of Herman G. MERKEL, Deceased.

Supreme Court of Montana.

Decided October 27, 1980.

Attorney(s) appearing for the Case

Steven D. Nelson argued, Bozeman, for appellant.

Moore, Rice, O'Connell & Refling, Perry J. Moore argued, Bozeman, for respondent.

HASWELL, Chief Justice.

The personal representative of the Estate of Celia J. Merkel appeals from an order entered in the District Court, Eighteenth Judicial District, dismissing a petition for allowance of claims on behalf of the estate of Celia J. Merkel. In his ruling, the district judge denied the claims for the homestead allowance, exempt property, and an elective share. We affirm in part and reverse in part.

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