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HANSON v. ESTATE OF BJERKE

No. 04-127.

95 P.3d 704 (2004)

2004 MT 200

322 Mont. 280

Teri R. HANSON, Petitioner, Appellant and Respondent, v. ESTATE OF E. Gilman BJERKE, Darrel Tade, Personal Representative, Respondent and Respondent, v. Scobey Alumni Foundation, Inc., A Montana Nonprofit Charitable Corporation, Intervenor and Cross-Appellant.

Supreme Court of Montana.

Decided August 3, 2004.

Attorney(s) appearing for the Case

For Appellant: Loren J. O'Toole, II, O'Toole & O'Toole, Plentywood, Montana.

For Respondent: Laura R. Christoffersen, Knierim & Christoffersen, Culbertson, Montana, Ken W. Hoversland, Scobey, Montana.

For Cross-Appellant: Daniel N. McLean, Crowley, Haughey, Hanson, Toole & Dietrich, Helena, Montana.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Teri Hanson was one of the named beneficiaries in the last will and testament of E. Gilman Bjerke. However, a year after Mr. Bjerke's will was admitted to probate, certain real property devised to Hanson had not yet been distributed to her. Meanwhile, the personal representative had distributed over $150,000 to the named beneficiary of the residuary estate, Scobey Alumni Foundation, Inc. (SAFI...

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