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ROTH v. PALUTZKE

No. 10017.

350 P.2d 358 (1960)

Albert Heegard ROTH, Executor of Estate of Ruth Heegard Roth, Deceased, Plaintiff and Appellant, State of Montana and the State Board of Equalization of State of Montana, Interveners, v. Faye M. PALUTZKE and George N. Lund, as Administrator of Estate of Ernest William Palutzke, Deceased, Defendants and Respondents.

Supreme Court of Montana.

Decided March 23, 1960.

Rehearing denied April 5, 1960.

Attorney(s) appearing for the Case

J. E. Rucker & Plentywood, Wayne E. Booth, Settle, Wash, for appellant. Wayne E. Booth argued orally.

Jess L. Angstman, Havre, William E. Hunt, Chester, Ludvig Tande, Plentywood, for respondents. Jess L. Angstman argued orally.

Forrest H. Anderson, Atty. Gen., Edward C. Schroeter, Sp. Asst. Atty. Gen., for interveners.

LESTER H. LOBLE, District Judge, sitting in place of BOTTOMLY, Justice.

This is an action brought by the daughter of Ernest William Palutzke, deceased, against Faye M. Palutzke, wife of the deceased, and George N. Lund, administrator of his estate, to set aside certain conveyances of real property made by deceased to his wife. Subsequent to the commencement of the action, plaintiff daughter died and her executor was substituted...

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