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McCORMICK v. BREVIG

No. 96-729.

980 P.2d 603 (1999)

1999 MT 86

Joan K. McCORMICK, f/k/a Joan K. Brevig, Plaintiff/Respondent/Cross-Appellant, v. Clark A. BREVIG, Defendant/Appellant, Brevig Land, Live And Lumber, a Montana General Partnership Consisting of Joan K. Brevig and Clark A. Brevig, Defendant/Respondent. Clark A. Brevig, Third-Party Plaintiff/Appellant/Cross-Respondent, v. Charles Bailly & Company, P.L.L.P., a Minnesota professional limited liability partnership, Mcgladrey & Pullen, L.L.P., a Minnesota limited liability partnership, (f/k/a Mcgladrey, Hendrickson & Co.), Monte R. Malnaa, an individual, Joan K. Mccormick, f/k/a Joan K. Brevig, as Personal Representative of the Estate of Charles A. Brevig, et al., Third-Party Defendants/Respondents.

Supreme Court of Montana.

Decided April 27, 1999.

Rehearing Denied June 14, 1999.

Attorney(s) appearing for the Case

David A. Veeder and Jolane D. Veeder; Veeder Law Firm, P.C.; Billings, Montana, for Appellant.

For Respondents: Steven J. Harman; Brown, Gerbase, Cebull, Fulton, Harman & Ross, P.C.; Billings, Montana, for Joan K. McCormick.

Calvin J. Stacey; Stacey & Walen; Billings, Montana, Thomas P. Johnson; Davis, Graham & Stubbs; Denver, Colorado, Robert R. Watson; Sidley & Austen; Chicago, Illinois, for McGladrey & Pullen, LLP.

Thomas J. Shroyer and Peter A. Koller; Moss & Barnett; Minneapolis, Minnesota; and Michael V. Anderson and V. Ann Liechty; Anderson & Liechty; Billings, Montana, for Charles Bailly & Co., P.L.L.P., and Malnaa.

Justice JIM REGNIER delivered the opinion of the Court.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 1 In 1949, Charles and Helen Brevig were married, and they later had two children, Clark Brevig and Joan Brevig McCormick. In 1960, Charles purchased the Brevig Ranch outside of Lewistown from his parents. In 1971, Charles transferred his sole interest in the ranch by warranty deed to himself and Helen as joint tenants. Then, in 1972, Charles and Helen conveyed...

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