Hecht v. Carey
Wyoming Supreme Court
ERROR to the District Court, Laramie Count}'-, Hon. Richard Ii. Scott, Judge. The material facts are stated in the opinion. So far as the matter of residence is concerned, a testator has the right under the laws of this state to nominate anyone he pleases as executor of his estate. The statutes expressly permit a testator to name in his will any person who is a resident or citizen of the United States, and that permission is not limited or qualified in any way.
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ERROR to the District Court, Laramie Count}'-, Hon. Richard Ii. Scott, Judge. The material facts are stated in the opinion. So far as the matter of residence is concerned, a testator has the right under the laws of this state to nominate anyone he pleases as executor of his estate. The statutes expressly permit a testator to name in his will any person who is a resident or citizen of the United States, and that permission is not limited or qualified in any way. (R. S. 1899, Sec. 4570.) It is the duty of the court so far as possible to carry out the will of the testator, and an executor chosen…
1Opinion of the Court
Corn, Ci-t ntp Justice.
Charles Hecht and John F. Carey, respectively plaintiff and defendant in error, were named as executors in the will *160of Julia F. Scliweicker't. Subsequently to her death the will was probated and they were duly appointed and qualified as such executors. Afterwards, on April 27th, 1903, the court made the following order: “It having come to the knowledge of the court by the testimony of Charles Hecht, one of the executors of the above named estate, which testimony was heretofore given under oath at a hearing in which the question of the confirmation of a sale of property…
2Cases cited2 opinions
- In re BrownCalifornia Supreme Court · 1889
- Voorhis v. RussellCalifornia Supreme Court · 1898
3Cited by14 opinions
- DeHerrera v. HerreraWyoming Supreme Court · 1977
- Bush v. StateWyoming Supreme Court · 2008
- Hartt v. HarttWyoming Supreme Court · 1956
- Rice v. TiltonWyoming Supreme Court · 1905
- In Re Love's EstateUtah Supreme Court · 1930
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