PROBATE: PR correctly found lacking authority to unilaterally extend time for creditors to respond to disallowance of claims, but Estate is equitably estopped from raising a time-bar defense due to tolling representations by PR’s attorney… Pardy reversed. [Read more…]
Probate, MPSA jurisdiction, revocation upon divorce
PROBATE: District Court sitting in probate had jurisdiction to interpret MPSA involving large ranch following husband’s death following divorce when deeds had not yet been signed, MPSA properly interpreted including correcting attorney’s scrivener’s error… PR daughter properly replaced by special administrator on petition by wife… Laird affirmed. [Read more…]
Public road easement through house/garage
PUBLIC ROAD EASEMENT: County properly failed to establish 30 foot easement from center of County road onto Defendant’s property through his garage & house based only on unmarked dashed line on COSs… $42,671 fees and $1,111.29 costs properly awarded under UDJA… Harris affirmed (memorandum). [Read more…]
Water, irrigation claims, abandonment
WATER: One irrigation claim correctly found abandoned by non-use, evidence as to 2nd misapprehended as to effect of testimony as to historical use… Ritter affirmed, reversed. [Read more…]
Ranch corporation, bylaws amendment by agreement
RANCH CORPORATION: Bylaws properly amended by written agreement between brothers for shares to go to their respective families upon death… surviving brother’s challenge to deceased brother’s widow’s claim of ownership properly rejected… Murnion affirmed. [Read more…]
FELA/LIA/FRSA, $2,171,154.50 verdict rulings, fees
FELA/LIA/FRSA: $2,171,154.50 verdict for termination of conductor who claimed injury in fall from locomotive over RR’s contention that he falsified report of off-work injury upheld… $42,732.47 prejudgment interest added to $500,000 emotional distress award plus $657,107 attorney fees, $81,713.22 expenses, $233,993.70 expert fees, $23,308.94 taxed costs… Christensen. [Read more…]
Testamentary trust, anti-lapse statute
TESTAMENTARY TRUST: Anti-lapse statute not applicable to ranch Trust which clearly provides contrary intent, not necessarily equal distribution to children and grandchildren. . . Hayworth affirmed. [Read more…]
Conservatorship, waste/dissipation of assets
CONSERVATORSHIP/PROCEDURE: “Directed verdict” following nonjury trial was judgment on partial findings, not judgment as matter of law… reviewing judgment on partial findings under doctrine of “implied findings,” conservatorship based on waste or dissipation properly rejected… Todd affirmed (IOR I-3(c)). [Read more…]
HOA, reconstruction of destroyed bridge
HOA: Articles do not mandate reconstruction of destroyed bridge when other bridges provide access, cost estimate far in excess of $1,500, and majority of members object… supervisory control of Gilbert granted ordering summary judgment for HOA (order). [Read more…]
Contract, claimed cash mineral sale by deceased vet
CONTRACT: Claim that 90-year-old deceased veterans home resident sold rich mineral interests for $10,000 cash based on 1-page handwritten agreement barred by rescission, laches, unclean hands… tort claims against PR also rejected… mineral interests devised to Eastern Montana Veterans Home Foundation… Tucker. [Read more…]