Legal Opinion · Dissent

State v. Rice

Montana Supreme Court

Decided August 11, 1958No. 9666Published

1Dissent

MR. JUSTICE ADAIR:

(dissenting).

When James Rice died at the age of 74 years he had no property whatever standing in his own name alone. The only property in which he had any interest at the time of his death was property held in joint ownership as is shown by the inventory and appraisement filed herein.

All interest which Rice had in such jointly owned property terminated absolutely upon his death and his surviving joint tenant thereupon and instanter became the sole owner of all *274the property theretofore held in joint ownership, and thus, the decedent James Rice had and left no estate whatever…

2Cases cited11 opinions

  1. United States v. WellsSupreme Court of the United States · 1931
  2. Milliken v. United StatesSupreme Court of the United States · 1931
  3. State v. PabstWisconsin Supreme Court · 1909
  4. Emery v. EmeryMontana Supreme Court · 1948
  5. Shaw v. ShawMontana Supreme Court · 1949

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