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HAUSEMAN v. KOSKI

No. 93-005.

857 P.2d 715 (1993)

Joseph Hayes HAUSEMAN, James Judd Hauseman, Dean M. Hauseman, III, Steven Scott Hauseman, and Robert Charles Hauseman, Plaintiffs and Appellants, v. Willene Jones KOSKI, and all other persons, unknown, claiming or who might claim any right, title, estate, or interest in or lien or encumbrance upon the real property described in the Complaint or any part thereof adverse to plaintiffs' ownership or any cloud upon plaintiffs' title thereto, whether such claim or possible claim be present or contingent including the person or persons in possession, Defendants and Respondents.

Supreme Court of Montana.

Decided August 3, 1993.

Attorney(s) appearing for the Case

Ben Berg, Jr. and Rienne H. McElyea, Berg, Lilly, Andriolo & Tollefsen, Bozeman. for plaintiffs and appellants.

Lyman H. Bennett, III and Lynda S. Weaver, Morrow, Sedivy & Bennett, Bozeman, for defendants and respondents.

HUNT, Justice.

Appellants Joseph H. Hauseman, James J. Hauseman, Dean M. Hauseman III, Steven S. Hauseman, and Robert C. Hauseman (Hausemans), as co-trustees and interested parties, appeal from an order of the Eighteenth Judicial District Court, Gallatin County, granting summary judgment in favor of the personal representative of the estate of Maurice Jones, and finding that the recording of a revocation of a trust with the clerk and recorder provided constructive...

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