Legal Opinion

Matter of Estate of Counts

Montana Supreme Court

Decided August 20, 1985No. 85-130PublishedCited by 9 opinions

1Opinion of the CourtJustice Sheehy

This is an appeal from an order of the Sixth Judicial District, Park County, dismissing Marie Kingrey’s petition to remove the co-personal representatives of the estate of Garland Counts. The order of the District Court is affirmed.

Garland Counts died intestate on March 7, 1980. Henry and Gool Counts were appointed co-personal representatives on April 15,1980 after an intestacy hearing determining heirs. There were 38 original heirs, six of whom have died, their descendants increasing the heirs to at least 50. The estate held interest in 37 unpatented and 3 patented mining claims. Some heirs…

2Cases cited5 opinions

  1. In Re Baxter's EstateMontana Supreme Court · 1933
  2. Means v. Montana Power Co.Montana Supreme Court · 1981
  3. Estate of SullivanArizona Supreme Court · 1938
  4. Barreiro v. Bank of Italy National Trust & Savings Ass'nCalifornia Court of Appeal · 1932
  5. In Re Astibia's EstateMontana Supreme Court · 1935

3Cited by9 opinions

  1. Jarmin v. Shriners Hospitals for Crippled ChildrenNorth Dakota Supreme Court · 1990
  2. Tisher v. Norwest Capital Management & Trust Co.Montana Supreme Court · 1993
  3. Estate of Nelson v. RobbinsMontana Supreme Court · 1990
  4. Scott v. E. I. Dupont De Nemours & Co.Montana Supreme Court · 1989
  5. Matter of Estate of StoneMontana Supreme Court · 1986

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