In re the Estate of McVay
Idaho Supreme Court
APPEAL from tbe District Court of Fremont County.. Hon. J. M. Stevens, Judge. Appeal from tbe district court, on an appeal from tbe-probate court, on tbe petition of tbe widow, to bave set asides to her the homestead out of the real estate of her deceased husband. Petition granted.
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APPEAL from tbe District Court of Fremont County.. Hon. J. M. Stevens, Judge. Appeal from tbe district court, on an appeal from tbe-probate court, on tbe petition of tbe widow, to bave set asides to her the homestead out of the real estate of her deceased husband. Petition granted. Sec. 20 of art. 5 of the constitution gives only to the district court original jurisdiction in all cases of law and equity, but does not give the district court original jurisdiction in matters of probate. Sec. 21, of art. 5, of the constitution has made probate courts courts of record, and has conferred on them…
1Opinion of the CourtSullivan, J.
This is an appeal from the judgment of the district court setting aside certain real estate and personal property to Amerieus J. McVay, widow of David H. McVay, deceased, and holding that said property is community property of the said McVays, it having been acquired by them during the existence of their marriage.
It appears from the record that the said McVays were married at Edgemont, South Dakota, in 1897, and soon after name to Idaho. On the 21st of July, 1898, they settled upon *59the land in controversy, which at that time was nnsurveyed public land. Mrs. McVay at that time paid one George…
Also in this document: Concurrence.
2Cited by21 opinions
- In re a Writ of Habeas Corpus for SharpIdaho Supreme Court · 1908
- Toncray v. BudgeIdaho Supreme Court · 1908
- Parker v. LewisSupreme Court of Oklahoma · 1915
- Rollefson v. Lutheran BrotherhoodIdaho Supreme Court · 1942
- Cooper v. Wesco Builders, Inc.Idaho Supreme Court · 1955
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