Legal Opinion

Smith v. Smith

District Court, D. Montana

Decided February 7, 1914No. 5PublishedCited by 14 opinions

In Equity. Suit by William Smith against Mary M. Smith, as executrix of the will of John M. Smith, deceased.

1Opinion of the Court

BOURQUIN, District Judge.

This is a suit by a former ward against the executrix of the will of his deceased guardian. The bill alleges that in his lifetime the guardian in possession of the ward’s money appropriated and converted the same; that 18 months' thereafter the guardian applied to the court of his appointment in this state for an order authorizing him to borrow said money at interest at the rate of 3 per cent, per annum, therein concealing from said court his said appropriation thereof and misrepresenting that it was in his possession, which order was made; that thereafter the…

2Cases cited9 opinions

  1. Marshall v. HolmesSupreme Court of the United States · 1891
  2. Arrowsmith v. GleasonSupreme Court of the United States · 1889
  3. Hayden v. . PierceNew York Court of Appeals · 1895
  4. Smith v. MooreCourt of Appeals for the Ninth Circuit · 1912
  5. Cotton v. JonesTexas Supreme Court · 1873

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

3Cited by14 opinions

  1. Smith v. SmithMontana Supreme Court · 1921
  2. Pitts v. PittsSupreme Court of Florida · 1935
  3. Keith-O'Brien Co. v. SnyderUtah Supreme Court · 1917
  4. Latham v. McClennyArizona Supreme Court · 1930
  5. Krivitsky v. NyeSupreme Court of Florida · 1944

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

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