Legal Opinion

In Re the Estate of Mills

Montana Supreme Court

Decided August 18, 2015No. DA 15-0094PublishedCited by 4 opinions

1Opinion of the CourtChief Justice McGRATH

delivered the Opimon of the Court.

¶1 David Mills appeals from an order of the Fifth Judicial District, Madison County, denying Ms motion to set aside the default entered against Mm. We reverse, and address the following issue:

¶2 Whether the District Court abused, its discretion when it denied David’s motion to set aside his default.

*427BACKGROUND

¶3 Howard H. Mills (hereinafter “Decedent”) died on June 21,2014. He had three sons: Howard W., John, and David. On August 21,2014, Howard W. (hereinafter “Howard”), petitioned for formal probate of Decedent’s will, determination of heirs, and appointment…

2Cases cited5 opinions

  1. Essex Insurance v. Jaycie, Inc.Montana Supreme Court · 2004
  2. McClurg v. Flathead County CommissionersMontana Supreme Court · 1980
  3. In Re the Estate of LightfieldMontana Supreme Court · 2009
  4. In Re the Estate of MeadMontana Supreme Court · 2014
  5. Engelsberger v. Lake CountyMontana Supreme Court · 2007

3Cited by4 opinions

  1. Nolan v. Riverstone Health CareMontana Supreme Court · 2017
  2. State v. W. CaseMontana Supreme Court · 2024
  3. Herman v. LupoliMontana Supreme Court · 2017
  4. In Re the Estate of MillsMontana Supreme Court · 2015

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