Brensinger v. Home Mission Society of German Lutheran Church
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. Petition for the disallowance of a bequest. Judgment was rendered for the petitioner below by Buck, J. Statement of the case by the justice delivering the opinion: This is an appeal by the Home Mission Society of the German Lutheran Church from the judgment of the district court, which declares void a bequest attempted to be made to appellant by the last will and testament of Charlotte Schmidt, deceased.
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Appeal from First Judicial District, Lewis and Clarice County. Petition for the disallowance of a bequest. Judgment was rendered for the petitioner below by Buck, J. Statement of the case by the justice delivering the opinion: This is an appeal by the Home Mission Society of the German Lutheran Church from the judgment of the district court, which declares void a bequest attempted to be made to appellant by the last will and testament of Charlotte Schmidt, deceased. Less than thirty days before her death Charlotte Schmidt executed a' will, by which she gave a few small legacies, and devised…
1Opinion of the CourtDe Witt, J.
— There was no reason why Brensinger, the residuary legatee under the will, should object to the probate thereof. The will was in his favor, and he took the whole estate after the payment of the few small legacies. No objection to the will as a whole appears, or has ever been suggested. It is true that it did contain one item which was void under the statute (Probate Practice Act, § 473). The bequest to the Home Mission Society was made less than thirty days before the death of the testator, and was absolutely void. The amount of this bequest went, under the statute, to the residuary legatee,…
2Cited by5 opinions
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