Root v. Davis
Montana Supreme Court
Appeal from Second Judicial District, Silver Bow County. Application for letters of administration. The application of defendant was granted by McHatton, J. The question of the respondent’s competency, within the statutory meaning of the word “incompetent,” must be determined under the provisions of section 59 of the Probate Practice Act, which provides that he must be adjudged incompetent by reason of drunkenness, improvidence, or want of understanding or integrity.
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Appeal from Second Judicial District, Silver Bow County. Application for letters of administration. The application of defendant was granted by McHatton, J. The question of the respondent’s competency, within the statutory meaning of the word “incompetent,” must be determined under the provisions of section 59 of the Probate Practice Act, which provides that he must be adjudged incompetent by reason of drunkenness, improvidence, or want of understanding or integrity. Drunkenness. We submit that this court should take a more liberal view of the statute in favor of the beneficiaries of the…
1Opinion of the CourtHarwood, J.
This is an appeal on behalf of Henry A. Root, an applicant for letters of administration on the estate of Andrew J. Davis, deceased. On the eleventh day of March, 1890, as appears by the record, Andrew J. Davis, then a resident of Butte City, Silver Bow County, this State, died at that place, leaving an estate of the estimated value of four and one half or five million dollars. Among others, John A. Davis, a brother, and one Henry A. Boot, a nephew, of deceased, petitioned the District Court, exercising its probate jurisdiction under the Constitution, for letters of administration on said…
2Cases cited8 opinions
- Emerson v. . BowersNew York Court of Appeals · 1856
- Coope v. LowerreNew York Court of Chancery · 1845
- Higman v. StewartMichigan Supreme Court · 1878
- Stewart v. PrestonSupreme Court of Florida · 1846
- Jackson ex dem. Williams & Washburn v. MillerCourt for the Trial of Impeachments and Correction of Errors · 1830
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3Cited by6 opinions
- State ex rel. Whiteside v. First Judicial District CourtMontana Supreme Court · 1900
- In re Davis' EstateMontana Supreme Court · 1891
- Estate of French v. KellyMontana Supreme Court · 1960
- Estate of French v. KellyMontana Supreme Court · 1960
- Estate of Held, Superior Court of California, County of San Francisco1884
1 more not listed; retrieve them via the Exa API.