In re Poppleton's Estate
Utah Supreme Court
Appeal from District Court, First District; F. Erickson, J udge. Proceedings for distribution of the estate of William Pop-pleton, deceased. From a judgment of distribution, the petitioner, Leah Perks, appeals. APPELLANT *S POINTS. ‘ 'Marriage is- a contract by wbicb a man and .woman are reciprocally engaged to live with each other during their joint lives and to discharge towards each other the duty imposed by law on the relation of husband and wife.”
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Appeal from District Court, First District; F. Erickson, J udge. Proceedings for distribution of the estate of William Pop-pleton, deceased. From a judgment of distribution, the petitioner, Leah Perks, appeals. APPELLANT *S POINTS. ‘ 'Marriage is- a contract by wbicb a man and .woman are reciprocally engaged to live with each other during their joint lives and to discharge towards each other the duty imposed by law on the relation of husband and wife.” (Bouvier’s Law Dictionary; Mott v. Mott, 22 Pac. 1140; Hilton v. Roylance, 25 IJtah 129; Palmer v. Palmer, 26 Utah 31; Kilburn v. Kilburn, 26…
1Opinion of the CourtErick, J.
This is an appeal from an order or judgment of distribution entered by the district court of Cache county in a probate proceeding.
The facts involved are substantially as follows: On the 8th day of August, 1883, one William Poppleton, then a resident of Cache county, Utah, made his last will and testament in due form, by which he disposed of his real and personal property. The provisions of the will, so far as material to the questions involved in this appeal, are the following :
‘ ‘I will and bequeath to my wife Annie Poppleton the fol*290lowing parcel of land, to wit: [Describing it.] It is my…
2Cases cited11 opinions
- Tilden v. . GreenNew York Court of Appeals · 1891
- Goebel v. . WolfNew York Court of Appeals · 1889
- Ducker v. BurnhamIllinois Supreme Court · 1893
- Clarke v. Boorman's ExecutorsSupreme Court of the United States · 1874
- Adams v. First Baptist Church of St. CharlesMichigan Supreme Court · 1907
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3Cited by6 opinions
- Wisconsin Public Power Inc. v. Federal Energy Regulatory CommissionCourt of Appeals for the D.C. Circuit · 2007
- In Re Johnson's EstateUtah Supreme Court · 1924
- Freund v. SchillingMissouri Court of Appeals · 1928
- Matter of Estate of HamiltonCourt of Appeals of Utah · 1994
- Estate of Ashton v. AshtonCourt of Appeals of Utah · 1990
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