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MONTANA CONFERENCE, ETC. v. ESTATE OF MILLER

No. 80-181.

628 P.2d 1100 (1981)

The MONTANA CONFERERCE OF the SEVENTH-DAY ADVENTIST CHURCH, a Non-Profit Corporation, plaintiff and appellant, v. ESTATE OF Sophie MILLER, deceased, by Arthur B. Harr, et al., Defendant and Respondent.

Supreme Court of Montana.

Decided June 1, 1981.

Attorney(s) appearing for the Case

Gregory O. Morgan argued, Bozeman, for plaintiff and appellant.

Murray, Holt and McChesney, Harold L. Holt argued, Morales, Volinkaty & Harr, Jon E. Ellingson, Missoula, for defendant and respondent.

SHEA, Justice.

Plaintiff, Montana Conference of the Seventh Day Adventist Church (Conference), appeals from a declaratory judgment of the Missoula County District Court holding that a personal guardianship and a property conservatorship did not prevent Sophie Miller from revoking a trust in which the Conference was both the trustee and a beneficiary in the event of her death or "incompetency."

Although the issues can be stated in various ways, the essence...

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