- 13 - which she claimed reflected the transfer from Theodore, including the tractor. * * * Yet, there was nothing presented at trial to indicate that she paid anything for the machinery. The transfer document submitted by Gail consists of three pages, the final two being prepared by Cyndi. Cyndi testified that the two final pages had not been prepared until late September or early October of 1995. This is supported by Def. Ex. 509C which is the third page of Def. Ex. 509B except with a date of October 1995 at the bottom. Gail’s claim that Def. Ex. 509B was created on or before August 30, 1995 is inconsistent with the date on Def. Ex. 509C and Cyndi’s testimony. * * * * * * * 69. As for the unlawful possession of the truck and machinery and equipment, Gail at first claimed the personal property belonged to the Estate and then they belonged to her in accordance with an assignment dated August 30, 1995. * * * Theodore, however, still considered the property his as late as September of 1995 because he gave Paul the back hoe to use as a trade in, an item that Gail claims was transferred to her in August. * * * Among the conclusions of law reached by the State court were the following: 3. The Livestock Agreement is a valid contract as all essential elements to a contract are present, namely, identifiable parties capable of contracting, their consent, lawful object and consideration. �28-2- 102, MCA; Klawitter v. Dettmann, (1994), 268 Mont. 275, 280, 886 P.2d 416, 419. 4. As reflected in the Livestock Agreement, the intent of the parties was to make it binding upon their respective heirs, personal representatives and assigns. Theodore’s Last Will and Testament also instructs his personal representative to pay all debts. (Pl. Ex.1). The Livestock Agreement is binding upon Gail as Theodore’s personal representative. See Baker v. Berger (1994), 265 Mont. 21, 28, 876 P.2d 940, 944. * * * * * * *Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011