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MONTGOMERY v. MONTGOMERY

No. 33943.

205 P.3d 650 (2009)

In the Matter of the Estate of James Everett Montgomery, Jr., Deceased. Nancy MONTGOMERY, Plaintiff-Appellant-Cross Respondent, v. Mans MONTGOMERY, Defendant-Respondent, and Mary L. Simmons, personal representative of the estate of James Everett Montgomery, Defendant-Respondent-Cross Appellant.

Supreme Court of Idaho, Boise, December 2008 Term.

Rehearing Denied April 16, 2009.

Attorney(s) appearing for the Case

Marcus, Christian & Hardee, Boise, for appellant. Craig Marcus argued.

Ringert Clark Chartered, Boise, for respondent Mans Montgomery. James Kaufman appeared.

Stoppello & Kiser, Boise, for respondent Mary L. Simmons. Frank Stoppello argued.

SUBSTITUTE OPINION,

THE COURT'S PRIOR OPINION DATED MARCH 4, 2009 IS HEREBY WITHDRAWN

HORTON, Justice.

This case concerns the probate of the will of Jim Montgomery (Jim). Appellant Nancy Montgomery (Nancy) appeals the district court's affirmance of the magistrate judge's grant of partial summary judgment, in which the magistrate judge concluded that Nancy was not an omitted spouse under I.C. § 15-2-301. Nancy also appeals the district court...

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