Legal Opinion

Melzner v. Trucano

Montana Supreme Court

Decided May 24, 1915No. 3,510PublishedCited by 14 opinions

Appeal from. District Court, Jefferson Countyj Wm. A. Clark, Judge. Petition.by A. B. Melzner for the revocation of letters of administration of the estate of August Infelise, deceased, issued to C. A. Trucano, and the issuance of letters to petitioner. From an order dismissing the petition, the petitioner appeals.

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Appeal from. District Court, Jefferson Countyj Wm. A. Clark, Judge. Petition.by A. B. Melzner for the revocation of letters of administration of the estate of August Infelise, deceased, issued to C. A. Trucano, and the issuance of letters to petitioner. From an order dismissing the petition, the petitioner appeals. The nonresidence of the parent of the deceased person will not prevent the parent from exercising the privilege conferred upon him or her by section 7447 of the Revised Codes. While the question has apparently not been discussed or argued by this court, it was impliedly decided in…

1Opinion of the CourtJustice Sanner

On October 21, 1912, the respondent, C. A. Trucano, was appointed administrator of the estate of August Infelise, who died intestate in Jefferson county. Thereafter and on March 16, 1914, the appellant, Melzner, filed his petition, praying revocation of respondent’s letters and the issuance of letters of administration to himself, basing his petition upon an alleged nomination by the mother and sole heir of the deceased, she residing in Italy. To this the respondent answered, denying the nomination of the appellant by the mother of the deceased, and pleading affirmatively: (1) That on October…

2Cases cited22 opinions

  1. Shanks v. DupontSupreme Court of the United States · 1830
  2. In re Estate of BedellCalifornia Supreme Court · 1893
  3. Abrahams v. HosselkusCalifornia Supreme Court · 1898
  4. Edwards v. BruceCourt of Appeals of Maryland · 1855
  5. Blackburn v. BlackburnMontana Supreme Court · 1913

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

3Cited by14 opinions

  1. State v. ArthurIdaho Supreme Court · 1953
  2. Gow v. O'ConnorMontana Supreme Court · 1922
  3. Anaconda Copper Min. Co. v. Ravalli CountyMontana Supreme Court · 1919
  4. Aerovias Interamericanas De Panama, S.A. v. Board of County CommissionersDistrict Court, S.D. Florida · 1961
  5. In Re Graff's EstateMontana Supreme Court · 1946

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

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