Lowery v. Hawker
North Dakota Supreme Court
Appeal from District court, Bottineau county; Burr, J. Action by Lizzie Lowery and others against Martha Hawker and G. H. Dale, guardian of Mark Languenett Hawker. Judgment for defendants, and plaintiffs appeal. Mark Hawker, now deceased, devised and bequeathed his entire estate to his wife and minor son, but omitted to provide in his will for his children and for the children of a deceased child by his first wife..
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Appeal from District court, Bottineau county; Burr, J. Action by Lizzie Lowery and others against Martha Hawker and G. H. Dale, guardian of Mark Languenett Hawker. Judgment for defendants, and plaintiffs appeal. Mark Hawker, now deceased, devised and bequeathed his entire estate to his wife and minor son, but omitted to provide in his will for his children and for the children of a deceased child by his first wife.. It did not appear upon the face of the will that such omission was intentional, neither did it so appear from any of the evidence which was introduced by the widow and petitioner,…
1Opinion of the Court
Bruce, T.
(after stating the facts as above). The appellants maintain that on an appeal upon questions of law alone the district court is a court of appellate jurisdiction merely, and that, although the said court has the power to reverse or affirm the judgments of the county court, it has no power to change or modify them. They also maintain that because the respondents at the time of the hearing of the petition to probate the will failed to offer proof to overcome the statutory presumption raised by § 5119, Bev. Codes 1905, that the omitted children were unintentionally omitted, the county…
2Cases cited25 opinions
- Thornagel v. PforrCalifornia Supreme Court · 1904
- Hedderich v. HedderichNorth Dakota Supreme Court · 1909
- Woodruff v. HundleySupreme Court of Alabama · 1900
- Barnes v. BarkerWashington Supreme Court · 1892
- Pearson v. PearsonCalifornia Supreme Court · 1873
20 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re Estate of SankeyCalifornia Supreme Court · 1926
- Gassin v. McJunkinSupreme Court of Oklahoma · 1935
- Bronson v. JohnsonNorth Dakota Supreme Court · 1948
- Graves v. First National Bank in Grand ForksNorth Dakota Supreme Court · 1965
- Honsinger v. StewartNorth Dakota Supreme Court · 1916
9 more not listed; retrieve them via the Exa API.