Barney v. Hayes
Montana Supreme Court
Appeal from Seventh Judicial District, Yellowstone Cownty. Petition for the probate of a will. Petition was denied by Milbtjrn, J. Statement of the case by the judge delivering the opinion. This case was before us at the June term, 1891, and the decision is reported ante, page 99. The report of that decision may be referred to as a statement of the case on this appeal, so far as it goes. We then sent the ease back to the District Court for a trial.
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Appeal from Seventh Judicial District, Yellowstone Cownty. Petition for the probate of a will. Petition was denied by Milbtjrn, J. Statement of the case by the judge delivering the opinion. This case was before us at the June term, 1891, and the decision is reported ante, page 99. The report of that decision may be referred to as a statement of the case on this appeal, so far as it goes. We then sent the ease back to the District Court for a trial. It was tried, and judgment was rendered refusing •to admit the propounded will and alleged codicil to probate. From this judgment the proponents,…
1Opinion of the CourtDe Witt, J.
The Probate Practice Act (§ 22) provides: “The jury, after hearing the case, must return a special verdict upon the issues submitted to them by the court, upon which the judgment of the court must be rendered, either admitting the will to probate or rejecting it.”
It is not disputed that the original will was properly executed, .and was, before the marriage of the decedent, a good and valid will. It is conceded that the marriage of decedent revoked that will. (§ 459, p. 384, Comp. Stats.) It is clear that, if the letter of the decedent is a codicil to said will, it republished the will, and…
2Cases cited6 opinions
- Phillips v. ThompsonNew York Court of Chancery · 1814
- Clarke v. RansomCalifornia Supreme Court · 1875
- In re the Estate of WoodCalifornia Supreme Court · 1868
- Robnett v. AshlockSupreme Court of Missouri · 1872
- Busby v. LynnTexas Supreme Court · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In Re Estate of TooleyCalifornia Supreme Court · 1915
- In Re Irvine's EstateMontana Supreme Court · 1943
- Noyes v. GerardMontana Supreme Court · 1909
- Brandt v. SchuchaSupreme Court of Iowa · 1959
- Noyes v. GerardMontana Supreme Court · 1909
17 more not listed; retrieve them via the Exa API.