Harley v. Williams
Montana Supreme Court
Appeal from District Court, Silver Bow County, Second Judicial District; B. Lee McCullough, a Judge of the Fourth Judicial District, presiding. PROCEEDING by Andrew J. Davis and another for the probate of the will of Rachel E. Williams, deceased, contested by Dorothy Alice Williams, by her guardian, Sibyl Scott. Prom a judgment admitting the instrument to probate, and from an order denying a new trial, contestant appeals.
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Appeal from District Court, Silver Bow County, Second Judicial District; B. Lee McCullough, a Judge of the Fourth Judicial District, presiding. PROCEEDING by Andrew J. Davis and another for the probate of the will of Rachel E. Williams, deceased, contested by Dorothy Alice Williams, by her guardian, Sibyl Scott. Prom a judgment admitting the instrument to probate, and from an order denying a new trial, contestant appeals. We submit that Harley, under the conditions presented here, was not competent as a witness under the provisions of section 4732, Revised Codes. The words “devise” and…
1Opinion of the Court
MR. JUSTICE - SANNER
delivered the opinion of the court.
Rachel E. Williams died on March 3, 1907, leaving an estate worth approximately '$100,000, and only- one near relative, a granddaughter, then aged seven years, the appellant in this court. An instrument in writing, purporting to be the last will and testament of Mrs. Williams, was offered by respondents for probate, by- the terms of which the sum of $500 is given to the appellant, $1,000 to Mary Sullivan, a domestic, and all the balance of the estate to Andrew J. Davis, of Butte. Mr. Davis and Mr. Lyman M. Harley are named as executors.…
2Cases cited20 opinions
- Lane v. WalkerCalifornia Supreme Court · 1895
- Noyes v. GerardMontana Supreme Court · 1910
- Gilbert v. . KnoxNew York Court of Appeals · 1873
- Murphy v. NettMontana Supreme Court · 1911
- In Re Probate of the Last Will of BeckettNew York Court of Appeals · 1886
15 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- In Re Silver's EstateMontana Supreme Court · 1934
- Hill v. DavisSupreme Court of Oklahoma · 1917
- In re Hanson's WillUtah Supreme Court · 1917
- In Re Wah-Kon-Tah-He-Um-Pah's EstateSupreme Court of Oklahoma · 1924
- In Re Bragg's EstateMontana Supreme Court · 1938
24 more not listed; retrieve them via the Exa API.