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MATTER OF ESTATE OF DERN FAMILY TRUST

No. 95-368.

928 P.2d 123 (1996)

In The Matter of the ESTATE OF the DERN FAMILY TRUST and Clifford Dern, Deceased. Mary R. DERN, Plaintiff, Respondent, and Cross-Appellant, v. Derril DERN, Darlene Adams, Janice Copley, and Beverly Tubbs, Defendants, Counterclaimants, and Appellants.

Supreme Court of Montana.

Decided November 14, 1996.

Rehearing Denied January 2, 1997.

Attorney(s) appearing for the Case

Roger M. Sullivan, McGarvey, Heberling, Sullivan & McGarvey, Kalispell, for Defendants, Counterclaimants and Appellants.

Steven E. Cummings, Donald R. Murray, Murphy, Robinson, Heckathorn & Philips, Kalispell, for Plaintiff, Respondent, and Cross-Appellant.

NELSON, Justice.

Appellants Derril Dern, Darlene Adams, Janice Copley, and Beverly Tubbs (collectively, the Dern children) appeal from the September 20, 1993 order denying their Motion for Summary Judgment, from the May 17, 1994 Findings of Fact and Conclusions of Law, and from the April 21, 1995 Supplemental Findings of Fact, Conclusions of Law and Judgment of the District Court for the Eleventh Judicial District, Flathead County. The Dern children appeal the District...

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