Klein v. Fraser
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Proceedings by Jacob Klein, executor of tbe estate of Henry Klein, deceased, and others, against R. A. Fraser and others, to •determine the persons entitled to distribution under the will of decedent. From an order determining the persons entitled to distribution, and from an order denying a new trial of the issues, plaintiffs appeal.
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Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Proceedings by Jacob Klein, executor of tbe estate of Henry Klein, deceased, and others, against R. A. Fraser and others, to •determine the persons entitled to distribution under the will of decedent. From an order determining the persons entitled to distribution, and from an order denying a new trial of the issues, plaintiffs appeal. The policy of the law under the modem English statute of wills and under statutes in most of the states of this country is that where an attesting witness to a will was at the same time a…
1Opinion of the CourtJustice Smith
This is an appeal from a so-called judgment of the district court of Lewis and Clark county, determining the ownership of the estate of Henry Klein, deceased, the interest of each respective claimant therein, and the persons entitled to distribution thereof, and also from an order denying a new trial of the issues.
No question of practice or of the propriety of the procedure followed by the district court has been raised by counsel, and none will be considered by this court.
Those portions of the will to be construed are as follows:
“Eleventhly. I give and bequeath the sum of one thousand…
2Cases cited14 opinions
- Louisville, Evansville & St. Louis Railroad v. WilsonSupreme Court of the United States · 1891
- Tuohy's EstateMontana Supreme Court · 1899
- Emerson v. Eldorado Ditch Co.Montana Supreme Court · 1896
- In re Holt's WillSupreme Court of Minnesota · 1893
- Edwards v. BibbSupreme Court of Alabama · 1869
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Caesar v. BurgessCourt of Appeals for the Tenth Circuit · 1939
- Pyramid Land & Stock Co. v. ScottCalifornia Court of Appeal · 1921
- In Re McGovern's EstateMontana Supreme Court · 1926
- In re the Estate of AltmanNew York Surrogate's Court · 1921
- Firestone Tire & Rubber Co. v. WebbSupreme Court of Arkansas · 1944
7 more not listed; retrieve them via the Exa API.