In re The Estate of Sticknoth
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County. Henry Sticknoth died on February 10th, 1869, at Empire City, in Ormsby County, leaving about $4,000 in gold coin, and a paper written six days previously in the German language, which he intended to he his last will and testament, and which he delivered to Seibo Muntinga, the person intended under the name of Sibo to be his legatee.
Read the full summary
Appeal from the District Court of the Second Judicial District, Ormsby County. Henry Sticknoth died on February 10th, 1869, at Empire City, in Ormsby County, leaving about $4,000 in gold coin, and a paper written six days previously in the German language, which he intended to he his last will and testament, and which he delivered to Seibo Muntinga, the person intended under the name of Sibo to be his legatee. The translation of the paper given in the opinion of the court, and which was used in the court below and as such admitted to probate, is evidently an attempt to give it word for word…
1Opinion of the Court
By the Court,
Garber, J.:
The only question presented by the record is, whether the court below erred in admitting to probate the paper presented as the will of the deceased, for the reason that said paper was not properly attested.
The presumptions in favor of the correctness of the action of the court below concur with the presumptions in favor of the validity of •legislative action, in authorizing us to assume that the deceased left-no heirs or distributees capable of taking; and that, consequently, the state of Nevada alone was interested in preventing the probate. 16 Gray, 422; 16 Pick. 96.
W…
2Cases cited10 opinions
- People ex rel. Smith v. Judge of the Twelfth DistrictCalifornia Supreme Court · 1861
- Gould v. MansfieldMassachusetts Supreme Judicial Court · 1869
- Hingle v. StateIndiana Supreme Court · 1865
- Dentzel v. WaldieCalifornia Supreme Court · 1866
- People v. FrisbieCalifornia Supreme Court · 1864
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- McIntosh v. DillSupreme Court of Oklahoma · 1922
- Stanley v. SmithOregon Supreme Court · 1887
- Washoe County Water Conservation District v. BeemerNevada Supreme Court · 1935
- Western Realty Co. v. City of RenoNevada Supreme Court · 1946
- State Ex Rel. Osburn v. BeckNevada Supreme Court · 1899