Legal Opinion

In re Schenk's Estate

Utah Supreme Court

Decided January 21, 1919No. 3282PublishedCited by 5 opinions

Appeal from the District Court of Cache County, First District; Hon. J. D. Call, Judge. • In the matter of the estate of Samuel Schenk, deceased. On petition of testator’s widow for summary administration of the estate, praying the same to be set apart to her as a homestead right after payment of the debts and expenses of administration. From judgment denying her application, and dismissing the petition, the widow appeals.

1Opinion of the CourtThueman, J.

Samuel Schenk, of Providence, Utah, died in June, 1901, leaving a widow surviving him, and also several adult children by a former marriage. By last will and testament he gave all his personal property to his wife, and all his real property to her for her use and benefit during her life “but not to sell or dispose-of.”

The widow resided upon the property and used the same for her support until 1916, when she presented the will for probate. The will was duly admitted, and John Schenk, son of the deceased, was appointed executor according to the terms of the will.

In due course of administration…

2Cases cited6 opinions

  1. Sulzberger v. SulzbergerCalifornia Supreme Court · 1875
  2. Farmer v. StephensCalifornia Supreme Court · 1886
  3. Kelly v. EdwardsCalifornia Supreme Court · 1886
  4. Knudsen v. HannbergUtah Supreme Court · 1892
  5. In re the Appeal of LittleUtah Supreme Court · 1900

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Norville v. State Tax CommissionUtah Supreme Court · 1940
  2. Fuller-Toponce Truck Co. v. Public Service CommissionUtah Supreme Court · 1939
  3. Zuniga v. EvansUtah Supreme Court · 1935
  4. In Re Mower's EstateUtah Supreme Court · 1937
  5. Jackson Land & Livestock Co. v. State Tax CommissionUtah Supreme Court · 1953

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