IN THE MATTER OF ESTATE OF BENJAMIN

No. DA 14-0116.

2014 MT 241

IN THE MATTER OF THE ESTATE OF: NORMAN W. BENJAMIN, a/k/a NORMAN WILLIAM BENJAMIN, and/or NORMAN BENJAMIN, Deceased.

Supreme Court of Montana.

Decided: September 9, 2014.


Attorney(s) appearing for the Case

Delmar Benjamin, self-represented; Shelby, Montana, for Appellant.

Jason T. Holden ; Dana A. Ball ; Faure Holden Attorneys at Law, P.C.; Great Falls, Montana, for Appellee.


Justice JIM RICE delivered the Opinion of the Court.

¶1 Delmar Benjamin (Delmar) appeals from the Order of the Ninth Judicial District Court, Toole County, Hon. Robert G. Olson presiding, denying his Petition to Reopen Probate. We reverse and remand for further proceedings, and restate the issue presented as follows:

¶2 Did the District Court err by dismissing Delmar's claims for fraud and newly discovered tangible personal property under principles...

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