Noyes v. Gerard
Montana Supreme Court
Appeal from District Court, Yellowstone County; Sydney Fox, Judge. In the Matter of tbe Estate of Horace A. Noyes, deceased. J. S. Noyes, as plaintiff, appeared and contested a writing offered by Sarah. Gerard, defendant, for probate as decedent’s last will. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
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Appeal from District Court, Yellowstone County; Sydney Fox, Judge. In the Matter of tbe Estate of Horace A. Noyes, deceased. J. S. Noyes, as plaintiff, appeared and contested a writing offered by Sarah. Gerard, defendant, for probate as decedent’s last will. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. Under the evidence in this case all of the statutory requirements were complied with in the execution of the instrument in question. The authorities are legion which hold that it is not necessary for the testator to expressly declare in so many words…
1Opinion of the CourtChief Justice Brantly
Horace A. Noyes died on or about January 16, 1909, at Laurel, in Yellowstone county, leaving an estate therein consisting of real and personal property. On January 25, 1909, Sarah Gerard, the defendant, filed a petition in the district court of Yellowstone county, asking that a writing attached thereto, and purporting to be the last will and testament of Horace A. Noyes, be admitted to probate. By the terms of the writing the defendant is given the whole of the estate of the deceased, subject to the claims of creditors and to the payment of $10 to each of several legatees mentioned by name,…
2Cases cited12 opinions
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- Lane v. WalkerCalifornia Supreme Court · 1895
- Coffin v. . CoffinNew York Court of Appeals · 1861
- Albright v. NorthCalifornia Supreme Court · 1905
- Trustees of Auburn Seminary v. . CalhounNew York Court of Appeals · 1862
7 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Murphy v. NettMontana Supreme Court · 1911
- In Re Silver's EstateMontana Supreme Court · 1934
- Harley v. WilliamsMontana Supreme Court · 1915
- Ross v. TaylorSouth Dakota Supreme Court · 1917
- In Re Bragg's EstateMontana Supreme Court · 1938
48 more not listed; retrieve them via the Exa API.