Legal Opinion

Dalton v. McKinnon

Montana Supreme Court

Decided December 18, 1945No. 8583Published

1Opinion of the CourtJustice Angstman

This is an appeal from certain portions of an order allowing, approving and settling the final account of the administratrix of the estate of Alex McKinnon, deceased.

The appeal presents the following three legal questions:

1. Whether the court was right in holding that the administratrix was justified in paying off a real estate mortgage after the time for presenting claims had expired and when no claim had been presented.

2. Whether under the facts the court was correct in holding that it was proper for the administratrix to amplify her final account so as to show a mistake in the description…

2Cases cited9 opinions

  1. In Re the Estate of De BernalCalifornia Supreme Court · 1913
  2. Beard, Appeal From ProbateSupreme Court of Connecticut · 1906
  3. Cook-Reynolds Co. v. BeyerMontana Supreme Court · 1938
  4. Estate of Brackey v. JensenSupreme Court of Iowa · 1914
  5. Wilson v. ThelenMontana Supreme Court · 1940

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