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Williams declaration). We rely on those declarations to the
extent that they are undisputed. In particular, we rely on the
Form 706 and State court documents attached to the Lockhart
declaration, since their authenticity has not been disputed by
petitioner. We also rely on two attachments to the motion, which
petitioner also relies on. Finally, we rely on certain
uncontested averments in the pleadings.1 Principally, the facts
on which we rely to decide the motions are as follows.
Decedent
Decedent died on January 8, 1996. His domicile at the time
of his death was in Yellowstone County, Montana.
Executor
Ms. Williams (nee Chemodurow), personal representative of
the estate of decedent, signed the petition. Her address, as
shown in the petition, is in Bozeman, Montana.
Form 706
Schedule A to the Form 706 (Schedule A) is a schedule
requiring a description of all real estate owned by the decedent.
The following item is described on Schedule A: “80 acres in
Gallatin County, Montana near Bozeman” (the subdivision land).
Schedule A does not include any description of approximately 390
1 In petitioner’s memorandum of law in opposition to the
motion, petitioner states petitioner’s reliance on “the Protest
of Petitioner filed herein”. The record contains no such
document, nor does petitioner’s counsel’s cover letter, dated
Dec. 12, 2000, enclosing various documents for filing, contain
reference to any such document.
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