Legal Opinion

Bigelow v. Booth

South Dakota Supreme Court

Decided December 20, 1916No. File No. 3901PublishedCited by 16 opinions

Appeal from. Circuit Court, Moody County. ■ H'o.n. Joseph W. Jones, Judge. Petition ¡by James T. Bigelow, Administrator with the will annexed of the estate of Walter H. James, deceased, against Henry A. Root, executor of the last will and testament of Clara Jones, deceased, for certain statutory allowances.

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Appeal from. Circuit Court, Moody County. ■ H'o.n. Joseph W. Jones, Judge. Petition ¡by James T. Bigelow, Administrator with the will annexed of the estate of Walter H. James, deceased, against Henry A. Root, executor of the last will and testament of Clara Jones, deceased, for certain statutory allowances. From a judgment of circuit court for plaintiff, and1 front an order denying a new trial, on appeal from a judgment of county court denying the application, defendant appeals. (i) To paint one of the opinion, Appellant cited: Woolf sen v. Mead, (Neb.) 148 N. W. 153; Val. 1, Woerner’s…

1Opinion of the CourtGates, J.

'Clara James died at Elandre-au, in this state, in February, 1914, leaving real and personal property in Moody county, and real property outside this state. By her last will she bequeathed to 'her 'husband, Walter H. James, the sum of $50 and also the 'sum of $942, theretofore recently loaned to him toy 'her, and :as stated in the will: “This to be his full share of my estate.” Textatrix left no minor children surviving her. Shortly ■thereafter the said Walter H. James entered again into the bonds of matrimony, and in April, 1914, he died testate. In September, 1914, the present plaintiff,…

2Cases cited14 opinions

  1. Ruggles v. WelchCalifornia Supreme Court · 1895
  2. Estate of HuelsmanCalifornia Supreme Court · 1899
  3. Fore v. Estate of ForeNorth Dakota Supreme Court · 1891
  4. Wilson v. WilsonSupreme Court of Colorado · 1913
  5. Smith v. HowardSupreme Judicial Court of Maine · 1894

9 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. In Re Metcalf's EstateMontana Supreme Court · 1933
  2. State v. SnyderSouth Dakota Supreme Court · 1951
  3. In Re the Estate of StackmanSupreme Court of Oklahoma · 1963
  4. In Re Snyder's EstateSouth Dakota Supreme Court · 1951
  5. Somerville v. SomervilleSouth Dakota Supreme Court · 1936

11 more not listed; retrieve them via the Exa API.

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