Legal Opinion

Noyes v. Gerard

Montana Supreme Court

Decided December 24, 1909No. 2,735PublishedCited by 27 opinions

Appeal from District Court, Yellowstone County; Sydney Fox, Judge. In the Matter of the estate of Horace A. Noyes, deceased. Contest by plaintiff, John S. Noyes, of a writing filed by defendant, Sarah Gerard, with a petition to probate it as the holographic will of deceased. From a judgment for plaintiff defendant appeals. Statement oe the Case, by the Justice Delivering the Opinion.

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Appeal from District Court, Yellowstone County; Sydney Fox, Judge. In the Matter of the estate of Horace A. Noyes, deceased. Contest by plaintiff, John S. Noyes, of a writing filed by defendant, Sarah Gerard, with a petition to probate it as the holographic will of deceased. From a judgment for plaintiff defendant appeals. Statement oe the Case, by the Justice Delivering the Opinion. After the final judgment had been entered in the cause entitled In re Noyes’ Estate, ante, p. 178, 105 Pac. 1013, the defendant, Sarah Gerard, filed a petition in the district court of Yellowstone county asking…

1Opinion of the CourtChief Justice Brantly

While the statement sets forth in form three questions for decision, they are all, in substance, the same, and may be incorporated in the single inquiry, to-wit: Is the instrument in question “entirely written, dated, and signed by the hand of the testator himself,” so as to constitute it a valid holographic will within the rule prescribed by the statute? Section 4727 of the Revised Codes declares: “A holographic will is one that is entirely written, dated and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of this state, and need not be…

2Cases cited21 opinions

  1. Estate of KnoxSupreme Court of Pennsylvania · 1890
  2. In Re Estate of PlumelCalifornia Supreme Court · 1907
  3. Estate of FayCalifornia Supreme Court · 1904
  4. In re Estate of BillingsCalifornia Supreme Court · 1884
  5. Succession of RobertsonSupreme Court of Louisiana · 1897

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

3Cited by27 opinions

  1. In Re Irvine's EstateMontana Supreme Court · 1943
  2. In re Wolcott's EstateUtah Supreme Court · 1919
  3. Charles H. Cook Bible School v. CollierArizona Supreme Court · 1933
  4. Estate of DurlewangerCalifornia Court of Appeal · 1940
  5. Gooch v. GoochSupreme Court of Virginia · 1922

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

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