Knight v. Le Beau
Montana Supreme Court
Appeal from District Court, Gallatin County. F. K. Armstrong, Judge. Action by J. A. Knight and another, as administrators with the will annexed of the estate of George Henry Godwin, deceased, against Peter Le Beau. From a judgment for plaintiffs on the pleadings, defendant appeals. Statement of the case by the justice delivering the opinion. The paintiffs’ complaint in this action is as follows: “The plaintiffs complain of the defendant, and allege: First.
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Appeal from District Court, Gallatin County. F. K. Armstrong, Judge. Action by J. A. Knight and another, as administrators with the will annexed of the estate of George Henry Godwin, deceased, against Peter Le Beau. From a judgment for plaintiffs on the pleadings, defendant appeals. Statement of the case by the justice delivering the opinion. The paintiffs’ complaint in this action is as follows: “The plaintiffs complain of the defendant, and allege: First. That on the 25th day of November 1895, the plaintiffs were duly and legally appointed administrators with the will annexed of the estate…
1Opinion of the CourtBuck, J.
We have before us in this appeal able and elaborate briefs on interesting questions of pleading, and have given the arguments of respective counsel the most careful consideration. Does the complaint state a cause of action? We think it does. It is true that the averments as to the legal capacity of plaintiffs to sue are very defective. Properly the pleading should have shown by direct averment that God-win died leaving a will; that a court of this state (naming it) duly made orders admitting said will to probate, and issuing letters of administration with the will annexed to plaintiffs. See 1…
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