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76 Mont. 476

Maury v. Gow

Montana Supreme Court

Decided June 22, 1926

Montana Supreme Court · decided 1926-06-22

Good law ✅— No negative treatment on recordhow we know

Decided 1926-06-22

How this case has been cited

Cited by 7 later decisions — most recently May 1946

7 state decisions

30192619301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On Motion for Rehearing.

MR. JUSTICE GALEN.

¶2I am not satisfied with the decision of this appeal and am of opinion a rehearing should have been granted.

¶3It seems to me that the court is constituted the conservator of estates, and that even in the absence of objection made to the confirmation of a sale of estate property, the court with propriety should refuse to order a confirmation where, from facts appearing or within its knowledge, the purchase price is wholly inadequate. Under such circumstances, it would seem to me proper for the court to order a resale, in order to protect an estate from despoliation. The questions involved are so important and far-reaching in effect that I think the motion for a rehearing should have been granted.

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