Legal Opinion

Spencer v. Van Cott

Utah Supreme Court

Decided June 15, 1880PublishedCited by 1 opinion

Appeal from the Third Judicial District Court. Daniel Spencer, a member of the Mormon Church, died at Salt Labe City, leaving five wives surviving him.

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Appeal from the Third Judicial District Court. Daniel Spencer, a member of the Mormon Church, died at Salt Labe City, leaving five wives surviving him. After his decease his last will and- testament was admitted to probate, as follows: I, Daniel Spencer, of Salt Lake City, County of Salt Lake, Territory of Utah, considering the uncertainty of this frail and transitory life, being of sound mind and memory, do therefore make, ordain, publish and declare this' to be my last will and testament; that is to say, after all my just debts shall have been paid and discharged, my estate, real and…

1Opinion of the CourtEmeksoN, J.

The respondent, widow of Daniel Spencer, deceased, filed her petition in the Probate Court of Salt Lalre County, to compel the appellants, as executors of her late husband’s will, to furnish the support for herself and her minor children provided for in the will.

The Probate Court denied the petition, and an appeal was taken to the District Court.

The case was then referred to a referee to report the testimony and findings of fact. The referee reported the testimony to the court, together with his findings of fact. In the report were certain findings which the referee reported he did not deem…

2Cases cited2 opinions

  1. Reed v. BernalCalifornia Supreme Court · 1871
  2. Warner & Wife v. Steamship Uncle SamCalifornia Supreme Court · 1858

3Cited by1 opinion

  1. Snelgrove v. EarlUtah Supreme Court · 1898

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