Hobbins Estate v. Tremblay
Montana Supreme Court
Appeal from District Court, Teton County; J. E. Erickson,. Judge. Proceedings by Mathilda Tremblay for the probate of the-will of John Hobbins, deceased, in which Mary H. Roe appeared as a contestant. From a judgment denying the probate, eontestee appeals. The contestant is not an “interested party,” within the meaning of the law, so as to permit her to contest this will. Section 7394, Revised Codes, provides, “that any person interested may appear and contest the will.”
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Appeal from District Court, Teton County; J. E. Erickson,. Judge. Proceedings by Mathilda Tremblay for the probate of the-will of John Hobbins, deceased, in which Mary H. Roe appeared as a contestant. From a judgment denying the probate, eontestee appeals. The contestant is not an “interested party,” within the meaning of the law, so as to permit her to contest this will. Section 7394, Revised Codes, provides, “that any person interested may appear and contest the will.” The authorities are uniform in interpreting the terms “any person interested” as meaning, that to be a qualified contestant…
1Opinion of the CourtJustice Smith
On February 11, 1907, Mathilda Tremblay, also known as Sister Mary Julian, filed her petition in the district court of Teton county praying that the last will and testament of John Hobbins, deceased, dated February 5, 1907, be admitted to probate. The following is a copy of the alleged will:
“I, John Hobbins, of sound and disposing mind and memory, do hereby make, publish and declare this, my last will and testament, hereby revoking any and all former wills by me at any time heretofore made.
“First: I direct that all my just debts be paid, including funeral expenses, and all expense of last…
2Cases cited8 opinions
- In re Estate of SandersonCalifornia Supreme Court · 1887
- Thornagel v. PforrCalifornia Supreme Court · 1904
- State ex rel. Donovan v. District Court of the Second Judicial DistrictMontana Supreme Court · 1901
- In re Estate of CobbCalifornia Supreme Court · 1875
- Barney v. HayesMontana Supreme Court · 1891
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3Cited by6 opinions
- Lowery v. HawkerNorth Dakota Supreme Court · 1911
- Wallin v. Kinyon EstateMontana Supreme Court · 1974
- In Re Mickich's EstateMontana Supreme Court · 1943
- In Re Mahaffay's EstateMontana Supreme Court · 1925
- State Ex Rel. Furshong v. District CourtMontana Supreme Court · 1937
1 more not listed; retrieve them via the Exa API.