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MATTER OF ESTATE OF ALLEN

No. 88-560.

772 P.2d 297 (1989)

In the Matter of the ESTATE OF Mack R. ALLEN, Deceased.

Supreme Court of Montana.

Decided April 19, 1989.

Rehearing Denied May 11, 1989.

Attorney(s) appearing for the Case

Selden S. Frisbee, Cut Bank, for appellant.

Marc Buyske, Anderson, Beatty & Buyske, Shelby, for respondent.

McDONOUGH, Justice.

This appeal from the Ninth Judicial District Court, Toole County, concerns the exercise of a power of appointment granted Lillian E. Allen by the last will and testament of her husband, Mack R. Allen. Both Lillian and Mack were domiciled in Minnesota at the time of their deaths. The present proceeding concerns the exercise of the power in regard to property situated in Toole County, Montana. The only issue is whether the District Court correctly...

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