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STANTON v. WELLS FARGO BANK MONTANA, N.A.

No. DA 06-0139.

152 P.3d 115 (2007)

2007 MT 22

335 Mont. 384

Wendell STANTON, Plaintiff and Respondent, v. WELLS FARGO BANK MONTANA, N.A., Defendant and Respondent. In the Matter of the Frances S. Barker Trust Under Agreement. New Life Fellowship of Montana, Inc., d/b/a Trail's End Ranch, Intervenor and Appellant, v. Wendell Stanton, Trustee of the Wendell Stanton Trust Dated 8/7/2000, Account No. 7AJ 006230; and Wells Fargo Bank Montana, N.A., Third-Party Defendants and Respondents.

Supreme Court of Montana.

Decided January 30, 2007.

Attorney(s) appearing for the Case

For Appellant: Richard O. Harkins, Attorney at Law, Ekalaka, Montana.

For Respondent Wells Fargo Bank, N.A.: Vicki L. McDonald, McDonald Law Firm, Billings, Montana.

For Respondent Wendell Stanton: Patrick C. Sweeney, Attorney at Law, Billings, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Respondent Wendell Stanton (Stanton) filed a complaint to compel Wells Fargo Bank, N.A., (Wells Fargo), to distribute the corpus of Frances Scanlan Barker's (Frances) trust to him. Wells Fargo responded by filing a petition for approval of its final accounting and requested that the District Court determine the beneficiary of Frances's trust. New Life Fellowship of Montana, d/b/a Trail's End Ranch ...

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