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JOHNSON v. ESTATE OF SHELTON

No. 87-272.

754 P.2d 828 (1988)

Charlotte JOHNSON; Robert E. Johnson; O. Priscilla Johnson; T. Otto Johnson; Karla D. Johnson; Jacquelene J. Lambert; and Everett E. Lambert, Plaintiffs and Respondents, v. The ESTATE OF Wm. A. SHELTON, Deceased; the Estate of Laura E. Shelton, Deceased; Allen B. Shelton; Allen B. Shelton, Trustee; the Estate of Allen B. Shelton, Deceased; Ruth O. Shelton; Robert M. Graves; Vera Shelton Graves, a/k/a Vera L. Schnase; County of Lewis and Clark, a political subdivision of the State oF Montana; County Treasurer of Lewis and Clark County; Department of Revenue, an administrative Agency of the State of Montana, and its Director, John LaFaver, et al., Defendants and Appellants.

Supreme Court of Montana.

Decided May 17, 1988.

Attorney(s) appearing for the Case

J. Brian Tierney, Butte, for defendants and appellants.

Michael J. Rieley, Luxan and Murfitt, Helena, for plaintiffs and respondents.

HARRISON, Justice.

The plaintiff, Mrs. Charlotte Johnson, has brought an action in equity to quiet title to 320 acres of land located in Lewis and Clark County, near East Helena, Montana. The only defendant contesting the quiet title action is Mrs. Vera Shelton Graves, Mrs. Johnson's first cousin, who asserts that the property is rightfully hers under the wills of William and Laura Shelton, the grandparents of both women as well as the adoptive parents of Mrs. Graves...

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