Legal Opinion

In Re the Estate of Spencer

Montana Supreme Court

Decided December 12, 2002No. 01-355PublishedCited by 25 opinions

1Opinion of the CourtJustice Rice

¶1 Appellant, Texas Commerce Bank, N.A. (Bank), appeals from the decree entered by the District Court for the Fourth Judicial District, Missoula County, in the Estate of Patricia Arm Spencer (Estate), which found that the Bank’s claim against the Estate was time-barred. We reverse and remand.

¶2 We restate the dispositive issues on appeal as follows:

¶3 1. Does this Court lack jurisdiction because the Bank’s appeal was untimely?

¶4 2. Was the Bank entitled to a notice of hearing on the personal representative’s petition for adjudication of intestacy, for determination of heirs, and for…

2Cases cited7 opinions

  1. Krause v. SiskMontana Supreme Court · 2001
  2. In Re Custody of KrauseMontana Supreme Court · 2001
  3. Matter of Estate of HolmesMontana Supreme Court · 1979
  4. Pierce Packing Co. Ex Rel. County of Yellowstone v. District CourtMontana Supreme Court · 1978
  5. Haywood v. SedilloMontana Supreme Court · 1975

2 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Peña v. StateMontana Supreme Court · 2004
  2. Citizens Awareness Network v. Montana Board of Environmental ReviewMontana Supreme Court · 2010
  3. Pena v. StateMontana Supreme Court · 2004
  4. Sellner v. StateMontana Supreme Court · 2004
  5. State v. MerrillMontana Supreme Court · 2004

20 more not listed; retrieve them via the Exa API.

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