Chadwick v. Tatem
Montana Supreme Court
Appeal from First Judicial District, Lewis and Clarice County. Judgment on the pleadings in favor of tbe plaintiffs was rendered by McCoNNELL, C. J. Tbe property in question at the time of the death of the testator was not a part of his real property, but was personalty, and the widow was, under the will, entitled to the whole of it.
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Appeal from First Judicial District, Lewis and Clarice County. Judgment on the pleadings in favor of tbe plaintiffs was rendered by McCoNNELL, C. J. Tbe property in question at the time of the death of the testator was not a part of his real property, but was personalty, and the widow was, under the will, entitled to the whole of it. We claim this on the principle of law that the estate was by the said deed taken out of the operation of the will as to the realty, and that the deed operated as a revocation of the will to the extent of the property included in the deed. The rule is well settled…
1Opinion of the CourtHarwood, J.
In this action there is no controversy as to the facts. The questions involved which demand our consideration relate to the construction of a will, and the proper distribution to the devisees thereunder, acóording to the terms of the will and the law governing. In September, 1885, Walter F. Chadwick died in the city of Helena, in Montana Territory, where he had long been a resident. The deceased left a last will and testament, bearing date April 6, 1882, whereby he appointed the appellants, Benjamin H. Tatem, John C. Curtin, and William C. Bailey, executors thereof. This will was duly…
2Cases cited1 opinion
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