Gormally v. Simon
Montana Supreme Court
Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Petitions by Nat Simon and by P. T. Gormally for the issuance of letters of administration of the estate of Peter Antonioli, deceased. From an order granting the petition of Simon and denying the petition of Gormally, and from an order denying a motion for a new trial, the latter appeals. The surviving husband or wife has an absolute right to nominate an administrator.
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Appeal from District Court, Silver Bow County; John B. McClernan, Judge. Petitions by Nat Simon and by P. T. Gormally for the issuance of letters of administration of the estate of Peter Antonioli, deceased. From an order granting the petition of Simon and denying the petition of Gormally, and from an order denying a motion for a new trial, the latter appeals. The surviving husband or wife has an absolute right to nominate an administrator. (In re Stewart’s Estate, 18 Mont. 597, 46 Pae. 806; In re Dorris’ Estate, 93 Cal. 611, 29 Pae. 244; In re Healy’s Estate, 122 Cal. 162, 54 Pac. 736.) We…
1Opinion of the CourtChief Justice Brantly
On November 1, 1909, upon petition by herself, the district court of Silver Bow county made an order appointing Kate Antonioli administratrix of the estate of her husband, Peter Anto*222nioli, deceased. On December 22, 1909, the respondent, Nat Simon, presented to the court his petition for the removal of Kate Antonioli from her office, on the ground that since her appointment she had become ill and of unsound mind to such an extent that she was wholly incompetent to administer the affairs of the estate, and asking that he be appointed in her stead. This petition was accompanied by a written…
2Cases cited9 opinions
- In re BauquierCalifornia Supreme Court · 1891
- Estate of Moore v. MooreCalifornia Supreme Court · 1887
- In Re Estate of FranklinCalifornia Supreme Court · 1901
- State ex rel. Heinze v. District Court of the Second Judicial DistrictMontana Supreme Court · 1903
- Leach v. PierceCalifornia Supreme Court · 1892
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3Cited by7 opinions
- In Re Sullivan's EstateMontana Supreme Court · 1941
- In re Stinger EstateMontana Supreme Court · 1921
- State ex rel. Culbertson Ferry Co. v. District CourtMontana Supreme Court · 1914
- Fuller v. GibbsMontana Supreme Court · 1948
- Riley v. MouatMontana Supreme Court · 1917
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