Murphy v. Nett
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; Llew L. Callaway, a Judge of the Fifth Judicial District, presiding. Will Contest by Mary Murphy against Anna E. Nett. From an order denying a motion for new trial, defendant appeals. The allegations of the contest, contained in paragraph 5 thereof, were not sufficient to warrant the introduction of any evidence of undue influence.
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Appeal from District Court, Lewis and Clark County; Llew L. Callaway, a Judge of the Fifth Judicial District, presiding. Will Contest by Mary Murphy against Anna E. Nett. From an order denying a motion for new trial, defendant appeals. The allegations of the contest, contained in paragraph 5 thereof, were not sufficient to warrant the introduction of any evidence of undue influence. Briefly stated, the substance of the allegations of undue influence here presented is: That at and prior to the execution of the will in question decedent was weak and ill in body and mind; that he needed care and…
1Opinion of the CourtJustice Sanner
Edward J. Murphy died on November 27, 1909, leaving an estate worth approximately $30,000, and one heir at law, his mother, Mary Murphy, the respondent on this appeal. His other near relatives are a full sister, Anna B. Nett, the appellant here, and two brothers and three sisters of the half blood. An. instrument purporting to be his last will and testament, executed December 12, 1908, was offered by the appellant for probate, and its right to be received and regarded as his last will and testament is contested by the respondent, upon the grounds that at the time of its execution the testator…
2Cases cited39 opinions
- Shailer v. BumsteadMassachusetts Supreme Judicial Court · 1868
- Brown v. MitchellTexas Supreme Court · 1895
- Rollwagen v. . RollwagenNew York Court of Appeals · 1876
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Snowball v. SnowballCalifornia Supreme Court · 1910
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3Cited by25 opinions
- Carroll v. KingMontana Supreme Court · 1921
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- Kuberich v. PopovichMontana Supreme Court · 1965
- State v. HarkinsMontana Supreme Court · 1929
- Matter of Estate of HolmMontana Supreme Court · 1979
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