Legal Opinion

State ex rel. O'Sullivan v. District Court of Tenth Judicial District

Montana Supreme Court

Decided May 8, 1953No. 9292PublishedCited by 8 opinions

1Opinion of the Court

MR. JUSTICE ANGSTMAN:

This is an original application for a writ of mandate to require *34Judge McConoehie to call in Judge Watts of Musselshell county to preside over a certain probate proceeding pending in Fergus county. The facts set out in the application are these: George L. Lux died in November 1944 in Fergus county, leaving a last will and testament devising and bequeathing his property to his nine brothers and sisters, share and share alike and in which Katherine Simpson was named as executrix; by agreement the will was admitted to probate and Katherine Simpson was appointed as executrix;…

2Cases cited8 opinions

  1. State ex rel. Nissler v. DonlanMontana Supreme Court · 1905
  2. State ex rel. Shea v. CockingMontana Supreme Court · 1923
  3. State Ex Rel. Lynch v. BataniMontana Supreme Court · 1936
  4. State Ex Rel. Gebhardt v. City Council of HelenaMontana Supreme Court · 1936
  5. McClure v. ScatesSupreme Court of Kansas · 1902

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3Cited by8 opinions

  1. Home Indemnity Co. v. City of MariannaSupreme Court of Arkansas · 1987
  2. Kadillak v. Montana Department of State LandsMontana Supreme Court · 1982
  3. State v. Board of Education of City of Santa FeNew Mexico Supreme Court · 1962
  4. State Ex Rel. Taylor v. District Court of the Eleventh Judicial DistrictMontana Supreme Court · 1957
  5. MEIC v. GovernorMontana Supreme Court · 2025

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