Lemp v. Lemp
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Proceeding on petition for widow’s allowance. Judgment of the district court affirming an order of the probate court granting the allowance. The widow, to take allowance, must bring herself affirmatively within the provisions of the statute.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Proceeding on petition for widow’s allowance. Judgment of the district court affirming an order of the probate court granting the allowance. The widow, to take allowance, must bring herself affirmatively within the provisions of the statute. (In re Miller’s Estate, 158 Cal. 420, 111 Pae. 255; Knmenacker v. Andds, 38 N. D. 500, 165 N. W. 524.) Burden, is on the widow to affirmatively prove, especially in the face of objections, every ■fact on which the right is based. (Wilson v.…
1Opinion of the CourtBudge, J.
This is an appeal from a judgment of the district court affirming an order of the probate court of Ada county, allowing respondent, Mary W. Lemp, the petitioner therein, $50 per month out of the estate of decedent, Edward Lemp.
*395A petition had been filed in the probate court for an allowance of $100 per month, alleging, among other things, that the petitioner was the widow of the decedent. Appellants filed an application for a hearing on the petition, together with their objections to the granting thereof, and a written offer of proof to sustain such objections. This offer contained no denials…
2Cases cited8 opinions
- In re the Estate of McVayIdaho Supreme Court · 1907
- In re Estate of EdwardsSupreme Court of Iowa · 1882
- Linares, Administrator v. LinaresTexas Supreme Court · 1899
- Jones v. CoonerSupreme Court of Georgia · 1914
- In re the Estate of ChristensenIdaho Supreme Court · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Elsaesser v. GibsonIdaho Supreme Court · 2021
- Malone v. Van EttenIdaho Supreme Court · 1947
- In Re MacDonnell's EstateNevada Supreme Court · 1936
- Lee v. CommissionerUnited States Tax Court · 1948
- Lee v. CommissionerUnited States Tax Court · 1948
1 more not listed; retrieve them via the Exa API.