Estate of Mebust
Montana Supreme Court
843 P.2d 310 (1992)
- Written by Salina Kennedy, JD
Facts
Berger O. Mebust, who was unmarried and had no children, died intestate and was predeceased by his parents and his four siblings. Mebust had eleven nieces and nephews, three of whom had predeceased him but eight of whom were still living. Each of Mebust’s deceased nieces and nephews left behind surviving children. The district court ordered that Mebust’s estate be divided into eleven shares: one for each of his nieces and nephews. The children of each of the three deceased nieces and nephews were to divide their parent’s one-eleventh share. Kristina Hanson and four other heirs (the heirs) (plaintiffs) petitioned the court to instead divide the estate into four equal shares: one for each of Mebust’s deceased siblings. The court reaffirmed its decision to divide the estate into eleven shares, and the heirs appealed.
Rule of Law
Issue
Holding and Reasoning (Turnage, C.J.)
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