Archive | Motion to set aside default judgment

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Estate of Mills

Estate of Mills, 2015 MT 245 (Aug. 18, 2015) (McGrath, C.J.; Rice, J. concurring) (7-0, rev’d)

Issue: Whether the district court abused its discretion in denying David’s motion to set aside his default.

Short Answer: Yes.

Reversed

Facts: Howard Mills (“Father”) died June 21, 2014, leaving three sons – Howard W., John, and David. On August 21, 2014 Howard W. petitioned for formal probate of Father’s will, determination of heirs, and appointment of a PR. The district court scheduled a hearing for Sept. 22, 2014. On Aug. 28, 2014. Howard W. sent notices of the hearing to all interested parties, including his brothers, and filed proof of mailing the notices the same day.

David Mills filed a detailed letter in response to the petition on Sept.…