MATTER OF ESTATE OF MEBUST

No. 92-316.

843 P.2d 310 (1992)

In the Matter of the ESTATE OF Berger O. MEBUST, Deceased.

Supreme Court of Montana.

Decided December 1, 1992.


Attorney(s) appearing for the Case

Matthew W. Knierim and Francis Gallagher, Gallagher, Archambeault & Knierim, Glasgow, for appellant.

Warren C. Wenz and Kirk D. Evenson, Marra, Wenz, Johnson & Hopkins, Great Falls, Keith Maristuen, Bosch, Kuhr, Dugdale, Martin & Kaze, Waldo Spangelo and James Spangelo, Spangelo Law Firm, Havre, for respondent.


TURNAGE, Chief Justice.

Kristina Hanson, a niece of decedent Berger O. Mebust, appeals from an order of the District Court for the Twelfth Judicial District, Hill County, concerning distribution of Mebust's estate. We affirm.

The issue is: How does representation occur under Montana law when the only surviving heirs of an intestate decedent are the children and grandchildren of predeceased brothers and sisters?

Berger O. Mebust died intestate in February...

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