The producers news., 1936-10-16

that a district court deliver to
devisee Cor heir) his land unlc
the condition appearing Of recc~
prevents the condition of recc !.
was; not an approved claim on
and personal property in the
ecutor'ss hands exceeding S18l
00O.OO.
The court erred as to the burd !,
Of proof; in Montana {as at co.,
mon law title to land devised
vests in the devisee en- the dea. ;
of the testator-anyone claimir
title through the probate proceet..
ings has the burden of shown.
correct proceedings divesting tic
title. None were shown here arc
the title found in the executor
through dummies in conclusive
prO3f that none can be shown.
XIV
The clean record ID month
after probate of will-the periol
when under Montana law posses
sion should be delivered to thc
devisee, the large amount of per
qonal property then on hand b
inventory, no debts then en- fills
the failure to file any account 70,
4 years 6 manths after qualifyin,
a forced. false balance in th
fC0tines Of intake and outco il
his first account amountin tt
above $40 C0C.00 IN the exec 'or's
favor. not voucher or receirt or
file, the corrupt order, exchiAt
SO, by the state Judge aftc~ h
was out of Office. Shortening ';r1o
Of notice Of petition to sell f.lcI
the year before and beard the
YEAR after, (the law as to- the
burden cf proof in Montana, the
forged waiver of notice of petition
for probate: exhibit /. 3 namee
thereon includin~ plaintiffs than
9 rears old-olI il to qoro hand
-rritin", the failure of the netitior
to sell real estate to set fc~tth
matters required nv statute as to
tho condition of TIE estate, the
declines with the cIeeutor (ther
with decd hack frc~1 the dunn
mics holding the record It'll
about the loon-the sending of a.
checks constituting The loan =
bank and pal
not to the borrowe~ =
holding from record O. 70
Ion to the Judge of cloi~,~
year or more after r~~~~.,
20 the, executor the r7~~v
.armarks Of fraud an ANo"'
act that the will diA ~
he executor to carry On ~
less until after there ,vo- c',
# the estate, payment oP =
md distribution to h',--eolf
rustee, the open notoricu-
ssion by himself Of tho r,~.
fter title had apparently ~
Q the dummies, the appea~-no
is accounts of business +r,a-,~~
ions in the estate involviro =
reds of thousands of dolls~-.
un after Mcntgomery's deatI
ommand in the will to settle
state diligently, are each syfr'~
ent to put careful examiner or
uard. and taken together make :
'nclusive case that the Fedecal
and Bank took with constructive
Office that this land helcnqed still
equity. to this devisee. now
Ialntiff-and the court erred IN
olding this lender an innocent in
of p record title.
XIV
The co1lrt erred in not debitinc
llbert $4,000 simple interest (of
'urse It should have been com.
'unded) and deductinp that am
mt form the debts exhibited ;r
S petition to sell real estate.
XVI.
The court erred in considering
ID allowing Gilbert credit fo7
svn'ent of note of Cecilia Mont.
'mery. S3CGO 90. Of came e1so0 !
Of same, S12,000.0O-Fxhibits
~ oil executed after Montronl-
VS. death.
XVII.
The will gave Gilbert no power
executor to borrow money tc
" debts. there were run throuql
e accounts. firsts and final. anC
20 the petition to sell real estate
Id errOne0uSlv cope;Jo,,.J - ~
judge hero and elaine