Spencer v. Spencer
Montana Supreme Court
Appeal from District Court, Deer Lodge County; Welling Napton, Judge. Will contest by James K. Spencer against John C. Spencer and John G. Porter. Judgment in favor of plaintiff. Defendants appeal from the judgment and from an order denying their motion for a new trial. A devisee is estopped to set np invalidity of will, when she has received and receipted for her share.
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Appeal from District Court, Deer Lodge County; Welling Napton, Judge. Will contest by James K. Spencer against John C. Spencer and John G. Porter. Judgment in favor of plaintiff. Defendants appeal from the judgment and from an order denying their motion for a new trial. A devisee is estopped to set np invalidity of will, when she has received and receipted for her share. (Lilly v. Townsend, 110 Mich. 253, 68 N. W. 136.) A decree setting aside the probate of a will at the suit of an heir arrived at full age, will not inure to the benefit of other heirs who permit the time allowed them for…
1Opinion of the Court
ME. COMMISSIONER POOEMAN
prepared the opinion for the court.
This is an appeal from a judgment and decree revoking the-probate of a will, and from an order overruling a motion for a new trial.
James M. Spencer died in Deer Lodge county, Montana, October 12, 1891, leaving surviving him his widow, Nanny Spencer, his only daughter, Jane Porter, and his two sons, John O. and James E. Spencer. Afterwards a paper bearing date-September 22, 1891, and'purporting to be the last will and testament of said James M. Spencer, was offered for probate; and on December 5, 1891, an order of court was made…
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