Shields v. Pauwelyn
Montana Supreme Court
Appeal from District Court, Silver Bow County; William Clancy, Judge. In the Matter of the estate of James Tuohy, deceased, on application of Cyril Pauwelyn, executor, for an order to sell a portion of the real estate belonging to said estate. From an order directing such sale, Daniel Shields and Thomas McLaughlin appeal.
Read the full summary
Appeal from District Court, Silver Bow County; William Clancy, Judge. In the Matter of the estate of James Tuohy, deceased, on application of Cyril Pauwelyn, executor, for an order to sell a portion of the real estate belonging to said estate. From an order directing such sale, Daniel Shields and Thomas McLaughlin appeal. Devises, generally speaking, may be of two classes, viz., for value or upon a valuable consideration, or in bounty, depending entirely upon facts existing at the time of the making of the will, and the intention of the testator. Presumably the testator intends to pay his…
1Opinion of the CourtChief Justice Brantly
Appeal from an order of the district court of Silver Bow-county directing a sale of real estate belonging to the estate of James Tuohy, deceased.
James Tuohy died on or about October 2, 1893, in Silver Bow county. His estate consisted of a small amount of personal property and certain real estate, chiefly undeveloped mining claims. He left a will which, after disposing of most of the estate by special bequests, closes with this clause: “I hereby appoint Cyril Pauwelyn, of Butte, sole heir and executor of this my last will and testament, without bonds.” Cyril Pauwelyn, having qualified as…
2Cases cited13 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Stewart v. LohrWashington Supreme Court · 1890
- In re AllenMassachusetts Supreme Judicial Court · 1818
- Estate of CrosbyCalifornia Supreme Court · 1880
- State ex rel. Shields v. Second Judicial District CourtMontana Supreme Court · 1900
8 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In re Dolenty's EstateMontana Supreme Court · 1916
- Gow v. MauryMontana Supreme Court · 1923
- In Re Jennings' EstateMontana Supreme Court · 1925
- Smith v. SmithMontana Supreme Court · 1921
- Montgomery v. First National BankMontana Supreme Court · 1943
18 more not listed; retrieve them via the Exa API.