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Estate of Schreiber

Estate of Schreiber, 2015 MT 282 (Sept. 29, 2015) (Cotter, J.; Rice, J., concurring) (5-0, aff’d & rev’d)

Issue: (1) Whether the district court erred in concluding the devise of the lots and the certificates of deposit had not been adeemed and the named beneficiaries were entitled to a distribution equal to the value of the lots and the CDs; and (2) whether the district court erred in rejecting the PR’s final accounting.

Short Answer: (1) The devise of the lots was not adeemed but the devise of the CDs was; and (2) no.

Affirmed in part, reversed in part, and remanded for entry of an amended order

Facts: August Schreiber died testate in September 2013. His grandson, John Watkins, was named PR.…