Legal Opinion · Dissent

State Ex Rel. Reid v. District Court of Fifth Judicial District

Montana Supreme Court

Decided April 24, 1953No. 9273Published

1DissentJustice Angstman

I am not able to subscribe to the foregoing opinion.

In my opinion the petition of George H. Reid for the probate of the will of Margaret G. Reid and appointing him as executor thereof, was a proceeding separate and distinct from the petition of Alvin F. and Almon G. Reid for letters of administration to be issued to them. In re Richardson’s Estate, 120 Cal. 344, 52 Pac. 832; 57 Am. Jur., Wills, sec. 761, p. 520; 68 C. J., Wills, sec. 599, p. 875.

The petition of George H. Reid was filed under R. C. M. 1947, sec. 91-801 et seq., while the petition of Alvin F. and Almon G. Reid was filed under…

2Cases cited5 opinions

  1. Culver v. HardenberghSupreme Court of Minnesota · 1887
  2. Dobbins v. Title Guarantee & Trust Co.California Court of Appeal · 1940
  3. McGilvary v. KnightCalifornia Supreme Court · 1898
  4. State Ex Rel. Langan v. District CourtMontana Supreme Court · 1940
  5. In Re Pugh's EstateWashington Supreme Court · 1945

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