Noyes v. Gerard
Montana Supreme Court
Appeal from District Court, Yellowstone County; Sydney Eox, Judge. In the Matter of the estate of Horace A. Noyes, deceased. .J. S. Noyes, as plaintiff, contested a writing offered by Sarah Gerard, defendant, for probate as the last will of the deceased. From a judgment denying probate, defendant appeals. Statement of the Case, by the Justice Delivering the Opinion.
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Appeal from District Court, Yellowstone County; Sydney Eox, Judge. In the Matter of the estate of Horace A. Noyes, deceased. .J. S. Noyes, as plaintiff, contested a writing offered by Sarah Gerard, defendant, for probate as the last will of the deceased. From a judgment denying probate, defendant appeals. Statement of the Case, by the Justice Delivering the Opinion. After final judgment in .the two causes under the same title as this, {ante, pp. 178, 190, 105 Pac. 1013, 1017), the defendant applied to the district court of Yellowstone county for an order admitting to probate the following…
1Opinion of the CourtChief Justice Brantlt
Section 4766, Revised Codes, declares: “Several testamentary instruments, executed by the same testator, are to be taken and construed together as one instrument.” And that this is done is not infrequently the case. (Estate of Murphy, 104 Cal. 554, *23838 Pac. 543.) “Of two modes of interpreting a will, that is to be preferred which will prevent a total intestacy.” (Revised Codes, sec. 4772.) It will be noted, however, that these provisions of the statutes are rules of interpretation merely, and have nothing to do with the prerequisite steps which must be shown to have been taken in executing it,…
2Cases cited13 opinions
- Brown v. . ClarkNew York Court of Appeals · 1879
- Lockbihler v. YoungCalifornia Supreme Court · 1899
- In Re Estate of PlumelCalifornia Supreme Court · 1907
- Noyes v. GerardMontana Supreme Court · 1910
- In re Estate of SkerrettCalifornia Supreme Court · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Brandt v. SchuchaSupreme Court of Iowa · 1959
- Estate of AnthonyCalifornia Court of Appeal · 1913
- McReynolds v. McReynoldsMontana Supreme Court · 1966
- Nelson v. First Northwestern Trust Co. of South DakotaSouth Dakota Supreme Court · 1978
- Goss v. StaplesMontana Supreme Court · 1953
12 more not listed; retrieve them via the Exa API.