Farleigh v. Kelley
Montana Supreme Court
Appeal from District Court, Jefferson County; Henry C. Smith, Judge. PetitioN by Caroline V. Kelley for tbe probate of an instrur ment purporting to be tbe last will of John D. Allport, deceased, to wbicli Lillie Sue Farleigh and others filed objections as contestants. From an order overruling a motion for a new trial, petitioner appeals. Statement oe tiie Case.
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Appeal from District Court, Jefferson County; Henry C. Smith, Judge. PetitioN by Caroline V. Kelley for tbe probate of an instrur ment purporting to be tbe last will of John D. Allport, deceased, to wbicli Lillie Sue Farleigh and others filed objections as contestants. From an order overruling a motion for a new trial, petitioner appeals. Statement oe tiie Case. On July 3, 1899, the appellant, Caroline Y. Kelley, filed in tbe district court of Jefferson county her petition for the probate of an instrument in writing purporting to be tbe last will of Jpbn D. Allport, deceased, and to have been…
1Opinion of the CourtJustice Holloway
1. Had the contestants the right to open and close the case ? It is considered by the petitioner that so long as she was required to make some proof in the first instance, even though it be formal in character, and only such as she would be required to make in case no contest had been inaugurated, she was- entitled to open and close the case, and in deciding against this contention the district court committed prejudicial error.
Whatever may be the rule in other jurisdictions, where peculiar statutory provisions have entered into the determination of the question, there can scarcely be any…
2Cases cited6 opinions
- In re the Estate of DoyleCalifornia Supreme Court · 1887
- Yoder v. ReynoldsMontana Supreme Court · 1903
- Clark v. RyanSupreme Court of Alabama · 1891
- First National Bank v. NorthSouth Dakota Supreme Court · 1892
- Scribner v. CraneNew York Court of Chancery · 1830
1 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Murphy v. NettMontana Supreme Court · 1911
- Frederick v. HaleMontana Supreme Court · 1910
- Scheuer v. StateMontana Supreme Court · 1904
- In Re Silver's EstateMontana Supreme Court · 1934
- Harley v. WilliamsMontana Supreme Court · 1915
18 more not listed; retrieve them via the Exa API.