State Ex Rel. Hill v. District Court of Second Judicial District

MR. JUSTICE FREEBOURN:

This is a contest between George U. Hill, cashier of the First National Bank of Butte, and J. W. Rees, cashier of the First National Bank of Dillon, to determine which shall be executor of the last will and testament of Anna Huber Thompson, deceased.

The will was made on July 21, 1937, naming Hill as executor,, Three codicils were executed. The second codicil, dated November 8, 1947, named Hill as executor, with the proviso that if he did not qualify Rees would be executor. The third codicil, dated July 26, 1949, named Rees the sole executor.

The testatrix died at Dillon,…