Legal Opinion

State v. Barnard

Montana Supreme Court

Decided February 5, 1912No. 3,072PublishedCited by 17 opinions

Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Proceeding by the state in its own behalf and that of the State Orphans’ Home to have ascertained and declared the rights of all persons entitled to share in the distribution of the estate of Josiah F. Beck, deceased. From the decree Agnes Beck, widow of deceased, the state, the State Orphans’ Home, and others appealed.

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Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Proceeding by the state in its own behalf and that of the State Orphans’ Home to have ascertained and declared the rights of all persons entitled to share in the distribution of the estate of Josiah F. Beck, deceased. From the decree Agnes Beck, widow of deceased, the state, the State Orphans’ Home, and others appealed. The State Orphans’ Home is a state institution, a mere agency of the state by means of which the state exercises its powers and discharges its duties through its state officials; it has neither corporate…

1Opinion of the CourtChief Justice Brantly

Josiah F. Beck died in Silver Bow county on April 28, 1909, leaving an estate consisting of real and personal property of the value approximately of $80,000. He left surviving him a widow, Agnes Beck, several nephews and nieces and the children of a deceased niece. By his will dated March 8, 1899, he gave to the widow the family home in the city of Butte, together with the household furniture, and the sum of $10,000 to be paid to her at the discretion of his executors, from time to time as her necessities might require. Among the other bequests made by the testator are the following: “To…

2Cases cited13 opinions

  1. Noble State Bank v. HaskellSupreme Court of the United States · 1911
  2. United States v. FoxSupreme Court of the United States · 1877
  3. Estate of HinckleyCalifornia Supreme Court · 1881
  4. United States v. HoarU.S. Circuit Court for the District of Massachusetts · 1821
  5. In the Matter of Will of FoxNew York Court of Appeals · 1873

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3Cited by17 opinions

  1. State ex rel. Hillis v. SullivanMontana Supreme Court · 1913
  2. Rider v. CooneyMontana Supreme Court · 1933
  3. Montana Vending, Inc. v. Coca-Cola Bottling Co.Montana Supreme Court · 2003
  4. Newton v. WeilerMontana Supreme Court · 1930
  5. Taylor v. PayneSupreme Court of Florida · 1944

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