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MUNDELL v. STELLMON

No. 18440.

825 P.2d 510 (1992)

121 Idaho 413

Eva MUNDELL, surviving widow of Orie E. Mundell, Deceased, Plaintiff-Appellant, v. William A. STELLMON, personal representative of the Estate of Orie E. Mundell, Deceased, Defendant, and James E. Mundell, surviving son of Orie E. Mundell, Deceased; Mary Teats, surviving daughter of Orie E. Mundell, Deceased; and Sandy Lindley, surviving daughter of Orie E. Mundell, Deceased, Defendants-Respondents. In the Matter of the ESTATE OF Orie E. MUNDELL, Deceased.

Court of Appeals of Idaho.

January 29, 1992.

Attorney(s) appearing for the Case

James W. Givens, Lewiston, for plaintiff-appellant.

Knowlton, Miles & Merica, and Randall, Blake, Cox, Risley & Trout, Lewiston, for defendants-respondents. Manderson L. Miles, Jr. argued.

SILAK, Judge.

This action for declaratory judgment was brought by Eva Mundell, surviving spouse of Orie Mundell, to determine the ownership of 450 beehives which Orie had given to his son, James, prior to Orie's death. Eva claims that Orie's transfers of the beehives to James were unauthorized gifts of the Mundells' community property, and thus invalid transfers. James claims the beehives were not gifts, but were validly transferred to him as part of his compensation...

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