Kahoutek v. Kahoutek
North Dakota Supreme Court
Appeal from the District Court of Richland County, Honorable Frank P. Allen, Judge. . Application for the allowance of the account of an executor and for final distribution. Cross petition for reformation of the will. Judgment for cross petitioner. Executor appeals. The controlling sections of our Code come to us from California and with them an unbroken line of decisions placing construction upon them.
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Appeal from the District Court of Richland County, Honorable Frank P. Allen, Judge. . Application for the allowance of the account of an executor and for final distribution. Cross petition for reformation of the will. Judgment for cross petitioner. Executor appeals. The controlling sections of our Code come to us from California and with them an unbroken line of decisions placing construction upon them. “No more in wills than in any other writings is parol evidence admissible to vary the terms of the instrument.” Comp. Laws 1913, §§ 5649, 5678, 5686, 5690, 5708; Cal. Civ.-Code, §§ 1276, 1311,…
1Opinion of the Court
Bruce, Ch. J.
This is a petition for the construction of a will which was filed by the respondents, Mary, Lena, and Rosa Kahoutek, at the time of the application of the appellant, Adolph Kahoutek, for the allowance of his account as executor and for final distribution.
The petitioner Mary Kahoutek is the widow of the deceased, having been married to him for about twenty years. The respondent is a son of the deceased by his first marriage and for a number of years has lived on the southwest quarter of section 10, which is involved in the case at bar. He has three adult full brothers, one of whom…
2Cases cited26 opinions
- In Re the Estate of FairCalifornia Supreme Court · 1901
- Lockbihler v. YoungCalifornia Supreme Court · 1899
- Kurtz v. HibnerIllinois Supreme Court · 1870
- Decker v. DeckerIllinois Supreme Court · 1887
- Pate v. BushongIndiana Supreme Court · 1903
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3Cited by7 opinions
- Gawryluk v. PoynterNorth Dakota Supreme Court · 2002
- In Re Nystuen's EstateNorth Dakota Supreme Court · 1956
- State Ex Rel. State Fish & Game Commission v. KellerMontana Supreme Court · 1977
- In Re the Estate of BickelSouth Dakota Supreme Court · 2016
- Estate of BickelSouth Dakota Supreme Court · 2016
2 more not listed; retrieve them via the Exa API.