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NIEMEN v. HOWELL

No. 88-253.

764 P.2d 854 (1988)

E.J. NIEMEN and L.E. Niemen, Plaintiffs and Respondents, v. Looy B. HOWELL, as Personal Representative of the Estate of Thomas H. Howell, Deceased, Defendant and Appellant.

Supreme Court of Montana.

Decided November 3, 1988.

Attorney(s) appearing for the Case

Kenneth R. Olson, Baiz & Olson, Great Falls, for defendant and appellant.

Joseph Mudd, Jardine, Stephenson, Blewett & Weaver, Great Falls, for plaintiffs and respondents.

HARRISON, Justice.

This appeal comes from findings of fact, conclusions of law and order of the District Court of the Tenth Judicial District, Judith Basin County, Montana. After a bench trial, the District Court held certain payments made to the deceased by the respondents, evidenced by promissory notes and checks, were loans, not gifts, and were payable from the estate. We affirm.

Appellant Loy B. Howell is the...

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