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IN RE ESTATE OF KINDSFATHER

No. 03-582.

108 P.3d 487 (2005)

2005 MT 51

326 Mont. 192

In the Matter of the ESTATE OF Frieda KINDSFATHER, Deceased, Judy Franks, Personal Representative, Respondent, v. Gary H. Kindsfather and Jacqueline P. Kindsfather, Appellants.

Supreme Court of Montana.

Decided March 1, 2005.

Attorney(s) appearing for the Case

For Appellants: Kenneth D. Peterson, Peterson and Schofield, Billings, Montana.

For Respondent: Mark D. Parker, Casey Heitz, Parker Law Firm, Billings, Montana.

For Estate: Richard A. Brekke, Brekke & Hoskins, PLLC, Billings, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Gary H. and Jacqueline P. Kindsfather appeal a decision of the District Court for the Thirteenth Judicial District, Yellowstone County, denying their request for a declaratory judgment declaring the validity and effectiveness of a waiver-of-interest document executed by Frieda Kindsfather, now deceased, and ordering them to make all payments due Frieda's estate. We affirm.

¶ 2 We address...

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