Blackburn v. Blackburn
Montana Supreme Court
Appeal from District Court, Silver Bow County; Jeremiah J, Lynch, Judge. In the matter of the estate of Gideon E. Blackburn, deceased. Petition by Hannah A. Blackburn for the removal of Chas. A. Blackburn, as administrator of said estate. From an order dismissing the proceeding, petitioner appeals. The contention of appellant briefly is that section 7450, Be-vised Codes, carries its own interpretation. It is neither ambiguous nor uncertain.
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Appeal from District Court, Silver Bow County; Jeremiah J, Lynch, Judge. In the matter of the estate of Gideon E. Blackburn, deceased. Petition by Hannah A. Blackburn for the removal of Chas. A. Blackburn, as administrator of said estate. From an order dismissing the proceeding, petitioner appeals. The contention of appellant briefly is that section 7450, Be-vised Codes, carries its own interpretation. It is neither ambiguous nor uncertain. The right of a surviving wife to have letters issued to her and letters issued to any other person revoked is not qualified by any condition, and is not…
1Opinion of the Court
MR. JUSTÍCE SANNER
delivered the opinion of the court.
Dr. Gideon E. Blackburn, of Butte, died intestate on March 24, 1912, leaving some estate, and surviving heirs as follows: Hannah A. Blackburn, his wife, Charles A. Blackburn, a son, and two daughters- On March 29, 1912, Charles A. Blackburn filed in the district court of Silver Bow county a petition for letters of administration of the estate, and also filed a writing signed by the widow, wherein she formally waived her right to such letters and requested his appointment. In the petition it is recited that the estate and effects in respect…
2Cases cited19 opinions
- In re BauquierCalifornia Supreme Court · 1891
- Power & Bro., Ltd. v. TurnerMontana Supreme Court · 1908
- In re Estate of BedellCalifornia Supreme Court · 1893
- Brundage v. Union Trust Co.California Supreme Court · 1904
- In re the Estate of DorrisCalifornia Supreme Court · 1892
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3Cited by18 opinions
- State ex rel. Peel v. District CourtMontana Supreme Court · 1921
- Gow v. O'ConnorMontana Supreme Court · 1922
- Melzner v. TrucanoMontana Supreme Court · 1915
- Middle States Oil Corp. v. Tanner-Jones Drilling Co.Montana Supreme Court · 1925
- In Re Rinio's EstateMontana Supreme Court · 1933
13 more not listed; retrieve them via the Exa API.