Scheuer v. State
Montana Supreme Court
Appeal from District Court, Silver Bow County; William Clancy, Judge. Petition by Frederick Sclieuer to probate an alleged lost will of diaries Colbert, deceased. Objections were filed thereto by the state and others, and from a judgment denying the probate thereof and from an order denying a new trial, the petitioner appeals.
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Appeal from District Court, Silver Bow County; William Clancy, Judge. Petition by Frederick Sclieuer to probate an alleged lost will of diaries Colbert, deceased. Objections were filed thereto by the state and others, and from a judgment denying the probate thereof and from an order denying a new trial, the petitioner appeals. The contestant is not called upon to submit any evidence in support of his contest or protest until after a case has been made by the proponents of the will. (Collyer v. Collyer, 110 N. Y. 481; Idley v. Bowen, 11 Wend. 227; Holland v. Ferris, 2 Bradf. 333; Neiuell v.…
1Opinion of the Court
ME. COMMISSIONER CALLAWAY
prepared the opinion for the court.
Appeal by one Frederick W. Scheuer from a judgment denying the probate of an alleged lost will, and from an order overruling his motion for a new trial.
In the beginning we are met with the objection on the part of respondents that there is no record before this court upon which it may determine the matters presented by this appeal. This objection is based upon certain alleged fatal irregularities occurring in the preparation and settlement of the statement on motion for a new trial, which are made to appear by a bill of exceptions.…
2Cases cited26 opinions
- Throckmorton v. HoltSupreme Court of the United States · 1901
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Marx v. . McGlynnNew York Court of Appeals · 1882
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Waterman v. . WhitneyNew York Court of Appeals · 1854
21 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- State v. GreenoMontana Supreme Court · 1959
- In Re Silver's EstateMontana Supreme Court · 1934
- Martin v. CorscaddenMontana Supreme Court · 1906
- Gorman v. TaylorCalifornia Supreme Court · 1926
- State v. MatkinsMontana Supreme Court · 1912
36 more not listed; retrieve them via the Exa API.