In re Davis' Estate
Montana Supreme Court
Appeal from, Second Judicial District, Silver Dow County. Wile contest. Dismissal as for a default. The contestants’ motion to open the default was denied by McHatton, J. Statement of the case by the justice delivering the opinion: A. J. Davis died at Butte, Montana, March 11, 1890. His estate was of the estimated value of about four millions of dollars.
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Appeal from, Second Judicial District, Silver Dow County. Wile contest. Dismissal as for a default. The contestants’ motion to open the default was denied by McHatton, J. Statement of the case by the justice delivering the opinion: A. J. Davis died at Butte, Montana, March 11, 1890. His estate was of the estimated value of about four millions of dollars. He left certain heirs at law, amongst whom was Sarah Maria Cummings, a sister, Henry Boot and Ellen S. Connel, children of a deceased sister, Harriet R. Sheffield and Henry A. Davis, children of a deceased brother. Just after the death of the…
1Opinion of the CourtHunt, J.
— The ultimate question for review is whether the district court erred in refusing to set aside the appellants’ motion to vacate a judgment by default rendered against them dismissing their objections to the probate of the will of A. J. Davis, deceased. To decide this point it is proper to pass upon the following other and incidental questions raised:
1. Did the court err in refusing to grant appellants’ motion for a continuance?
2. Were the appellants guilty of neglect in not being ready for trial upon the date set?
The employment of Mr. E. W. Toole and Mr. Clayberg by contestants as their…
Also in this document: Concurrence.
2Cited by6 opinions
- Brothers v. BrothersMontana Supreme Court · 1924
- Reynolds v. Gladys Belle Oil Co.Montana Supreme Court · 1926
- McCormick v. McCormickMontana Supreme Court · 1975
- Waggoner v. Glacier Colony of HutteritesMontana Supreme Court · 1953
- Westbrook v. RiceNorth Dakota Supreme Court · 1914
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