Garren v. McGillvray

Montana Supreme Court April 9, 1959

Garren v. McGillvray, 135 Mont. 599 (Mont. 1959)

339 P.2d 487; 1959 Mont. LEXIS 36

Adair, Angstman, Bottomly, Castles, Derry, Harrison, Place

Opinion of the Court

MR. JUSTICE ANGSTMAN:

The facts in this case are identical with those in No. 9885, McGraff v. McGillvray, 135 Mont. 256, 339 Pac. (2d) 478. The same legal question is presented here as was considered there.

On the authority of that case, the order appealed from is affirmed.

MR. JUSTICE CASTLES, and THE HONORABLE GUY C. DERRY, District Judge, sitting in place of MR. CHIEF JUSTICE HARRISON, concur.

Dissenting Opinion

MR. JUSTICE BOTTOMLY:

(dissenting).

The facts, circumstances and the applicable law in this case are identical with the companion case, No. 9885, McGraff v. McGillvray, 135 Mont. 256, 339 Pac. (2d) 478, in which I dissented, for the reasons given in my dissent in Cause No. 9885 are applicable with equal force here.

Dissenting Opinion

MR. JUSTICE ADAIR:

(dissenting).

For the reasons stated in my dissent in Appeal No. 9885 entitled McGraff v. McGillvray, 135 Mont. 256, 339 Pac. (2d.) 485, I dissent herein. The defendant executor, William McGill*600vray, is entitled to a fair trial before a fair and impartial jury. To secure this, defendant’s motion for a change of venue should be granted. McGillvray is entitled to a different trial than that accorded the decedent Wilbur C. Cook.

Reference

Full Case Name: EDNA MAE GARREN, EDNA MAE GARREN as Administratrix of the Estate of HOMER B. GARREN, Deceased EDNA MAE GARREN as Guardian ad litem for GERALD GARREN, a Minor, and v. WILLIAM McGILLVRAY, as of the Estate of WILBUR C. COOK, and
Status: Published