Hilton v. Stewart
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Fremont County. Hon. James M. Stevens, Judge. An action to determine the right of the wife to a one-half interest in the property of the husband at the time of his death, and to have such interest set off and decreed to said applicant upon the final settlement of said estate.
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APPEAL from the District Court of the Sixth Judicial District, for Fremont County. Hon. James M. Stevens, Judge. An action to determine the right of the wife to a one-half interest in the property of the husband at the time of his death, and to have such interest set off and decreed to said applicant upon the final settlement of said estate. The doctrine of res adjudicata cannot apply, for the reason the subject matter is not the same, the parties to the action are not the same, and the jurisdiction of the Utah courts does not extend over the subject matter and persons of which the Idaho…
1Opinion of the CourtStewart, J.
John R. Park died at Salt Lake City, Utah, about August 30, 1900. He left a last will and testament, by the provisions of which all his property was devised and bequeathed to the University of Utah. Samuel W. Stewart was named as executor, under the will, and duly *157qualified as such in the county of Salt Lake, state of Utah, and afterward in the county of Fremont, in the state of Idaho, and as such administered the estate of said deceased in the state of Utah, and also in the state of Idaho. He filed his final account as such executor in the county of Fremont in this state, and petitioned for…
2Cases cited8 opinions
- Matter of the Estate Op Bernard NewManCalifornia Supreme Court · 1888
- Hilton v. RoylanceUtah Supreme Court · 1902
- Norton v. TuftsUtah Supreme Court · 1899
- Hilton v. StewartUtah Supreme Court · 1902
- Elliott v. PorterIdaho Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Latta v. OtterDistrict Court, D. Idaho · 2014
- Buckley v. CommissionerUnited States Tax Court · 1962
- Keane v. Pittsburg Lead Mining Co.Idaho Supreme Court · 1909
- Village of Heyburn v. Security Savings & Trust Co.Idaho Supreme Court · 1935
- Evans v. DavidsonIdaho Supreme Court · 1937
9 more not listed; retrieve them via the Exa API.