Legal Opinion

Schwab v. Kappler

Montana Supreme Court

Decided March 6, 1909No. 2,616PublishedCited by 3 opinions

Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Proceedings for settlement of the estate of Lorenz Kappler. Maria Magdalena Kappler and others petitioned for the appointment of Joseph Milch as administrator with the will annexed, and Samuel Schwab, public administrator, petitioned for the issuance of letters to himself.

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Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Proceedings for settlement of the estate of Lorenz Kappler. Maria Magdalena Kappler and others petitioned for the appointment of Joseph Milch as administrator with the will annexed, and Samuel Schwab, public administrator, petitioned for the issuance of letters to himself. From orders denying the application of Schwab, issuing letters to Milch, and formally appointing him upon the filing of his bond, Schwab appeals.

1Opinion of the CourtChief Justice Brantlt

On June 5, 1901, Lorenz Kappler died in Lewis and Clark county, leaving a last will and testament, under the terms of which his entire estate was devised to his wife, Rosalie Kappler, for life, with remainder in equal shares to the children of his brothers and a sister mentioned by name. Rosalie Kappler was named as executrix. The will was duly presented for, and admitted to, probate by the district court of Lewis and Clark county, and on July 14, 1902, the property disposed of thereby *421was distributed to Rosalie Kappler. On April 22, 1908, Rosalie Kappler died. Deeming it necessary to a…

2Cases cited8 opinions

  1. Creek v. Bozeman Water Works Co.Montana Supreme Court · 1899
  2. Washoe Copper Co. v. HickeyMontana Supreme Court · 1899
  3. Pirrie v. MouleMontana Supreme Court · 1905
  4. Murphy v. Northern Pacific Railway Co.Montana Supreme Court · 1899
  5. Baker v. Butte City Water Co.Montana Supreme Court · 1900

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In Re McGovern's EstateMontana Supreme Court · 1926
  2. Memphis Street Ry. Co. v. Rapid Transit Co.Tennessee Supreme Court · 1917
  3. Flynn v. DoughertyMontana Supreme Court · 1926

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