IN RE ESTATE OF MARSON

No. 04-525.

120 P.3d 382 (2005)

2005 MT 222

328 Mont. 348

In the Matter of the ESTATE OF Henry Todd MARSON, Deceased.

Supreme Court of Montana.

Decided September 13, 2005.


Attorney(s) appearing for the Case

For Appellant: Patrick F. Hooks, Hooks Law Office, Townsend, Montana.

For Respondent: Dale E. Reagor, Luxan & Murfitt, PLLP, Helena, Montana.


Justice JOHN WARNER delivered the Opinion of the Court.

¶ 1 The Estate of Henry Todd Marson ("Estate") appeals from an Order entered on October 11, 2002, in the First Judicial District, Broadwater County, granting summary judgment in favor of Susan Collins ("Collins") and dismissing Plaintiff's complaint. We reverse and remand for further proceedings.

¶ 2 We restate the issue on appeal as follows:

...

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