Legal Opinion

In re Lowham's Estate

Utah Supreme Court

Decided May 12, 1906No. 1705PublishedCited by 6 opinions

Appeal from District Court, Second District; J. A. Howell, Judge. Judicial proceedings on tbe settlement of tbe estate of Joseph P. Lowham, deceased.

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Appeal from District Court, Second District; J. A. Howell, Judge. Judicial proceedings on tbe settlement of tbe estate of Joseph P. Lowham, deceased. Erom an order sustaining a motion by A. I. Stone, tbe administrator, to dismiss a petition filed by tbe Union Pacific Bailroad Company praying for tbe revocation of tbe letters of administration, and sustaining tbe administrator’s demurrer to tbe petition, tbe railroad company appeals, with wbicb were consolidated similar proceedings in tbe estate of Benjamin ErankLin Eccles, deceased, and of William Murray, deceased. APPELLANT’S POINTS. Under…

1Opinion of the CourtMcCARTY, J.

Tbe same questions being involved in tbe foregoing cases they were consolidated on this appeal and beard together, and it was stipulated that tbe judgment rendered in tbe matter of tbe estate of Joseph P. Lowham, deceased, A. I. Stone, administrator, Union Pacific Pailroad Company, appellant, should control, and be determinative of tbe other two cases. On March 30, 1905, William P. Lowham, a resident of the state of Wyoming, filed bis petition in tbe district court of Weber county, Utah, praying that letters of administration of tbe estate of Joseph P. Lowham be issued to one A. I. Stone. Tbe…

2Cases cited13 opinions

  1. Dennick v. Railroad Co.Supreme Court of the United States · 1881
  2. Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
  3. Boston & M. R. R. v. HurdCourt of Appeals for the First Circuit · 1901
  4. Brown's Admr. v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1895
  5. Hutchins v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1890

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3Cited by6 opinions

  1. Stone v. Union Pacific RailroadUtah Supreme Court · 1907
  2. In Re Estate of LeighUtah Supreme Court · 1957
  3. In Re Rowley's EstateWashington Supreme Court · 1934
  4. Howard v. Nashville, Chattanooga & St. Louis Railway Co.Tennessee Supreme Court · 1915
  5. Fenton v. Sinclair Refining Co.Supreme Court of Oklahoma · 1952

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