03/23/2022

IN THE SUPREME COURT OF THE STATE OF MONTANA Case Number: DA 21-0537 DA 21-0537 _________________ FRANK L. HART and OPAL A. HART, Plaintiffs and Appellees, v. GEORGE W. HALE aka GEORGE WILLIAM HALE, individually and as Personal Representative of the Estate of Cecil Elmer Hal, Personal Representative of the Estate of Volney Hale, and Co- Trustee of the Hale Family Trust Dated 3/13/2019; HEIRS OF JACK E. HALE, DECEASED; HEIRS OF STEVE M. HALE, DECEASED, DAVID E. HALE; WINONA M. HALE; and DEEANN HALE, Trustee of the Hale Family Trust Dated 3/13/2019; HEIRS OF JACK E. HALE, DECEASED, HEIRS OF STEVE M.

HALE, DECEASED; DAVID E. HALE; WINONA M.

HALE; AND DEEANN HALE, Trustee of the Hale Family Trust dated 3/13/2019; UNKNOWN HEIRS OF CECIL HALE; UNKNOWN HEIRS OF VOLNEY HALE; AND ALL OTHER PERSONS, UNKNOWN, CLAIMING OR WHO MIGHT CLAIM ANY RIGHT, TITLE, ESTATE OR INTEREST IN OR LIEN OR ORDER ENCUMBRANCE UPON THE REAL PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO THE PLAINTIFF'S OWNERSHIP OR ANY CLOUD UPON PLAINTIFFS' TITLE THERETO, WHETHER SUCH CLAIM OR POSSIBLE CLAIM BE PRESENT OR CONTINGENT, Defendants.

GEORGE W. HALE aka GEORGE WILLIAM HALE, individually and as Personal Representative of the Estate of Cecil Elmer Hal, Personal Representative of the Estate of Volney Hale, and Co-Trustee of the Hale Family Trust Dated 3/13/2019; Counterclaimants and Appellants, FRANK L. HART and OPAL A. HART; MONTANA DEPARTMENT OF REVENUE; and ALL OTHER PERSONS UNKNOWN, CLAIMING OR WHO MIGHT CLAIM ANY RIGHT, TITLE, ESTATE OR INTEREST IN OR LIEN OR ENCUMBRANCE UPON THE REAL PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO THE PLAINTIFFS’ OWNERSHIP OR ANY CLOUD UPON PLAINTIFFS' TITLE THERETO, WHETHER SUCH CLAIM OR POSSIBLE CLAIM BE PRESENT OR CONTINGENT, Counter-Defendants.

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Pursuant to the Internal Operating Rules of this Court, this cause is classified for submission on briefs to a five-justice panel of this Court.

The Clerk is directed to provide a copy hereof to George Hale, DeeAnn Hale, all counsel of record, and to the Honorable Peter Ohman, District Judge.

For the Court,

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court March 23 2022