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TILLETT v. LIPPERT

No. 95-187.

909 P.2d 1158 (1996)

Lloyd S. TILLETT and Abbie Tillett, husband and wife; William E. Tillett; and John P. Tillett; and Latahna Entel, Plaintiffs and Respondents, v. Nikki A. LIPPERT and Robert R. Tillett, as Co-Personal Representatives of the Estate of Royce E. Tillett; Marian J. Tillett; Nikki A. Lippert as Personal Representative of the Estate of Kenneth Lippert; Nikki A. Lippert; et al., Defendants and Appellants.

Supreme Court of Montana.

Decided January 8, 1996.

Attorney(s) appearing for the Case

Karl Knuchel (argued), Livingston, for Appellants.

Leonard H. Smith (argued), Bruce A. Fredrickson; Crowley, Haughey, Hanson, Toole & Dietrich, Billings, for Respondents.

LEAPHART, Justice.

Defendants appeal from the Findings of Fact, Conclusions of Law and Judgment of the Montana Thirteenth Judicial District Court, Carbon County, partitioning real property and awarding compensatory and punitive damages against the estate of Kenneth Lippert. We affirm.

We restate the issues raised on appeal as follows:

1. Did the District Court err in modifying the partition recommendation of the referee? 2. Did the District...

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