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IN RE DOROTHY W. STEVENS REVOCABLE TRUST

No. 03-378.

112 P.3d 972 (2005)

2005 MT 106

327 Mont. 39

In re The DOROTHY W. STEVENS REVOCABLE TRUST. Thomas E. Stevens and William G. Stevens, Petitioners and Appellants, v. Whitney Stevens; Victor King; Robert T. Stevens, Jr.; Victor E.R. "Ned" King; and Mark Stevens, Respondents and Respondents, Melanie Stevens Read; Chandra Vayu Stevens Read; Elizabeth Stevens Read; and Jeremy Stevens Read; by and through their Guardian Ad Litem, Melanie Stevens Read; Jamilah Stevens Read Decker; Aaron Stevens Read; Sara Solaimanian; Shahin Solaimanian; and Shiva Solaimanian; by and through their Guardian Ad Litem, Sara Solaimanian; Mark W. Stevens (individually); Annalyn M. Swan; Emmelyn Swan Stevens; and Julia Philippa Stevens; by and through their Guardian Ad Litem, Mark W. Stevens; David W. Stevens; Janice L. Jenkins; Alexander Whitney Stevens; and Abigail Cybil Stevens; by and through their Guardian Ad Litem, David W. Stevens; and J. Whitney Stevens, Intervenors and Cross-Complainants.

Supreme Court of Montana.

Decided April 26, 2005.

Rehearing Denied May 24, 2005.

Attorney(s) appearing for the Case

For Appellants: Mark Parker and Casey Heitz, Parker Law Firm, Billings, Montana.

For Respondents: Ronald F. Waterman, Gough, Shanahan, Johnson & Waterman, Helena, Montana, Gail Goheen, Hamilton, Montana (Intervenors).

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Thomas Stevens and William Stevens appeal from the order entered on January 3, 2003, by the Fourteenth Judicial District Court, Wheatland County, granting summary judgment to the Respondents. We affirm.

¶ 2 The following dispositive issues are raised on appeal:

¶ 3 1. Did the District Court err by granting summary judgment in favor of Respondents on the petition for division of...

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