Benolken v. Miracle

MR. JUSTICE ANDERSON:

Prank A. Benolken died the 25th of March 1940. Prior to his death he had registered with the general recorder of marks and brands of the State of Montana the brand P/B. After his death decedent’s wife, Phoebe Benolken, continued to operate the ranch where the stock bearing the brand P/B were run. The brand expired December of 1941 and was not reregistered by anyone connected with the estate of deceased. Later the P/B brand was recorded in the name of Phoebe Benolken.

Phoebe Benolken died in 1947, leaving a will which was admitted for probate. By a Recree of distribution…