MATTER OF ESTATE OF SMITH

No. 87-25.

749 P.2d 512 (1988)

In the Matter of the ESTATE OF Wilbur Edward SMITH, Deceased. Roger H. SMITH, Plaintiff and Respondent, v. The ESTATE OF Wilbur E. SMITH, deceased, Harriet E. Smith as Personal Representative and against Harriet E. Smith as an individual; Roger Wilbur Smith and Douglas Lance Smith, Defendants and Appellants.

Supreme Court of Montana.

Decided January 15, 1988.

Rehearing Denied February 16, 1988.


Attorney(s) appearing for the Case

H.A. Bolinger, argued, K. Robert Foster, Bozeman, for defendants and appellants.

Kirwan & Barrett, Stephen M. Barrett, argued, McKinley Anderson, Jim Screnar, Bozeman, for plaintiff and respondent.


TURNAGE, Chief Justice.

Plaintiff and respondent Roger H. Smith brought an action alleging partnership against the estate of Wilbur E. Smith (estate). Following jury trial, the trier-of-fact found that a partnership existed and held that one-half of various ranch and personal property including joint tenancy property belonged to plaintiff Roger H. Smith.

We reverse.

Nine issues are presented for our review. Because we are reversing, we limit our review...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases