In re Stewart's Estate
Montana Supreme Court
Appeal from Fourth Judicial District, Missoula County. Petition for letters of administration. Orders granting the petition of the public administrator and denying the petition of a person nominated by the decedent’s widow were made by Woody, J. Statement of the case by the justice delivering the opinion.
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Appeal from Fourth Judicial District, Missoula County. Petition for letters of administration. Orders granting the petition of the public administrator and denying the petition of a person nominated by the decedent’s widow were made by Woody, J. Statement of the case by the justice delivering the opinion. John P. Stewart died intestate at Missoula county, on March 24th, 1895. He left an estate valued at about $15,000. There survived him his wife, aged sixteen years, and one minor child. On March 30th, 1895, the public administrator petitioned for letters of administration. On April 4th,…
1Opinion of the CourtHunt, J.
The point for decision is this : Which has a better legal right to administer the estate of the deceased, Brooks, as public administrator, or Keith, in whose favor the widow relinquished any rights she may have had ?
The sections of the Probate Practice Act, Compiled Statutes, 1887, applicable to the controversy, are as follows :
Section 55. ‘ ‘Letters of administration on the estate of a *597person dying intestate must be granted to some one or more of the persons hereinafter mentioned, who are respectively entitled thereto, in the following order :
‘ ‘First. The surviving husband or wife, or some…
2Cases cited4 opinions
- In re Estate of BedellCalifornia Supreme Court · 1893
- In re the Estate of DorrisCalifornia Supreme Court · 1892
- In re Estate of CotterCalifornia Supreme Court · 1880
- Estate of Stevenson v. RoachCalifornia Supreme Court · 1887
3Cited by8 opinions
- Stadler v. First National BankMontana Supreme Court · 1899
- Anderson's Committee v. Anderson's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1914
- In re Craigie's EstateMontana Supreme Court · 1900
- Weiss v. Salvation ArmySupreme Court of Colorado · 1928
- Brod v. BrodSupreme Court of Arkansas · 1957
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