Legal Opinion

Cowan v. Cowan

Montana Supreme Court

Decided April 20, 2004No. 03-164PublishedCited by 29 opinions

1Opinion of the CourtJustice Leaphart

¶1 The issue on appeal is whether the District Court’s dismissal of the Cowans’ and Twila’s complaint was incorrect as a matter of law? We affirm.

Factual and Procedural Background

¶2 Elmer and Pauline Cowan (the Cowans) are the parents of Twila Smith (Twila) and Arden Cowan (Arden). Arden was married to Kathy Cowan (Kathy). Kathy and Arden separated in 2000 and eventually divorced after approximately eleven years of marriage. The Cowans contend that they transferred certain property to Kathy as trustee for the care of their son Arden who is disabled from polio. The District Court dismissed…

2Cases cited4 opinions

  1. Kauffman-Harmon v. KauffmanMontana Supreme Court · 2001
  2. Powell v. Salvation ArmyMontana Supreme Court · 1997
  3. City of Cut Bank v. Tom Patrick Construction, Inc.Montana Supreme Court · 1998
  4. Cowan v. CowanMontana Supreme Court · 2004

3Cited by29 opinions

  1. Williamson v. Montana Public Service Commission & Northwestern EnergyMontana Supreme Court · 2012
  2. Western Security Bank v. Eide Bailly LLPMontana Supreme Court · 2010
  3. In re T.H.Montana Supreme Court · 2005
  4. Dennis v. BrownMontana Supreme Court · 2005
  5. Estate of Woody Ex Rel. Woody v. Big Horn CountyMontana Supreme Court · 2016

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