Carroll v. Huston
Montana Supreme Court
Appeal from District Court, Silver Bow County; Michael Donlan, Judge. From an order granting the petition of Annie B. Huston to administer upon tbe estate of Eobert G. Huston, deceased, and revoking special letters therefor granted to J. L. Carroll, the latter appeals.
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Appeal from District Court, Silver Bow County; Michael Donlan, Judge. From an order granting the petition of Annie B. Huston to administer upon tbe estate of Eobert G. Huston, deceased, and revoking special letters therefor granted to J. L. Carroll, the latter appeals. "Where it is proved that a man and woman were legally married; that the marriage was never dissolved in the jurisdiction in which they lived, and that she has no personal knowledge of his obtaining a-divorce, the presumption is that a second marriage contracted by him during her life is void. (Cole v. Cole, 153 111. 585, 38 N.…
1Opinion of the CourtJustice Holloway
Robert G. Huston, a resident of Butte, died intestate in Seattle, Washington, on November 1, 1912. Thereafter two petitions were presented to the district court of Silver Bow county, each asking for the appointment of an administrator of the estate— one by a person claiming to be the surviving wife and the other on behalf of a nonresident sister of the deceased. Pending the final determination, appellant was appointed special administrator. The two petitions were heard together, and the result of the trial was an order granting the petition of respondent, denying the petition of the sister…
2Cases cited15 opinions
- Hesseltine v. McLaughlinWashington Supreme Court · 1892
- Hadley v. RashMontana Supreme Court · 1898
- Sloan v. WestWashington Supreme Court · 1908
- In re HollopeterWashington Supreme Court · 1909
- Smith v. FifeWashington Supreme Court · 1892
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3Cited by9 opinions
- Welch v. All PersonsMontana Supreme Court · 1929
- Henderson v. HendersonCourt of Appeals of Maryland · 1952
- In Re Takahashi's EstateMontana Supreme Court · 1942
- Welch v. All PersonsMontana Supreme Court · 1927
- State v. NewmanMontana Supreme Court · 1923
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