Philbrick v. American Bank & Trust Co.
Montana Supreme Court
Appeal from District Court, Cascade County; E. E. Ewing, Judge. Suit by Lavin C. Pbilbrick against the American Bank & Trust Company and others to have a trust declared terminated and the trust estate delivered to her. Decree for defendants, and plaintiff appeals. After appeal, plaintiff made application to the supreme court for writ of supervisory control to annul an order of the district court dismissing the suit.
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Appeal from District Court, Cascade County; E. E. Ewing, Judge. Suit by Lavin C. Pbilbrick against the American Bank & Trust Company and others to have a trust declared terminated and the trust estate delivered to her. Decree for defendants, and plaintiff appeals. After appeal, plaintiff made application to the supreme court for writ of supervisory control to annul an order of the district court dismissing the suit. According to our interpretation of the provisions of this will, the testator’s property vested in the appellant at the time of the testator’s death, and under the terms of the…
1Opinion of the CourtChief Justice Brantly
The will of Samuel C. Philbrick, deceased, was admitted to probate by the district court of Cascade county. After directing the payment of the expenses of the testator’s last sickness, burial, etc., the will provided:
“Second. I give and bequeath to my sister Helen M. Phil-brick of Detroit, Michigan, all of my real and personal estate to be held by her as trustee for my sister Lavin C. Philbrick of Waterville, Le Seuer county, Minnesota, and it is my wish and will that my sister Helen M. Philbrick hold all the said property as such trustee, for the benefit of my sister Lavin C. Philbrick, and…
2Cases cited7 opinions
- State ex rel. Whiteside v. First Judicial District CourtMontana Supreme Court · 1900
- In re Dolenty's EstateMontana Supreme Court · 1916
- Raymond v. BlancgrassMontana Supreme Court · 1908
- Ryan v. WestonMontana Supreme Court · 1903
- Wilson v. HarrisMontana Supreme Court · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bullard v. ZimmermanMontana Supreme Court · 1928
- Epletveit v. SolbergMontana Supreme Court · 1946
- Peterson v. School BoardMontana Supreme Court · 1925
- Thelen v. VogelMontana Supreme Court · 1929
- State Ex Rel. Odenwald v. District CourtMontana Supreme Court · 1934
14 more not listed; retrieve them via the Exa API.