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McGRAFF v. McGILLVRAY

No. 9885.

342 P.2d 736 (1959)

Anna Mae McGRAFF; Anna Mae McGraff, as Administratrix of the Estate of Melvin Earl McGraff, Deceased, Plaintiffs and Respondents, v. William McGILLVRAY, as Executor of the Estate of Wilbur C. Cook, Deceased, Defendant and Appellant.

Supreme Court of Montana.

June 2, 1959.

Attorney(s) appearing for the Case

Wellington D. Rankin and Arthur P. Acher, Helena, for appellant.

Keeley, McElwain & Ryan, Deer Lodge, for respondent.

ANGSTMAN, Justice.

On motion for rehearing it is suggested that the effect of our decision is to deprive defendant, as executor, of a defense which was available to Wilbur C. Cook contrary to section 93-2824, R.C.M.1947.

A motion seeking a change of venue under section 93-2906 is not a defense within the meaning of section 93-2824.

The executor, like any other defendant, may have a change of place of trial under section 93-2906 upon a proper showing...

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