Marshall v. Minlschmidt

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an action brought by the administrator against the defendants-appellants to recover the assets of the deceased which had been transferred by the decedent to the defendants during his last illness and prior to his death.

Plaintiff-respondent claims the defendants employed fraud and undue influence to cause the decedent to transfer the property in question to the defendants. The property consisted of the deceased’s bank account in the First National Bank of Lewistown, Montana, and an interest in cattle which the deceased and…