In re Christiansen
Utah Supreme Court
Appeal from district court, Seventh district) Jacob Johnson, Judge. Petition by Hannah Christensen for a widow’s allowance in the estate of Herman J. Christensen, deceased. From an order denying relief, petitioner appeals. To allow such an act validity destroys vested rights and turns a legislative into a judicial body. This court has recognized marriage as conferring rights.
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Appeal from district court, Seventh district) Jacob Johnson, Judge. Petition by Hannah Christensen for a widow’s allowance in the estate of Herman J. Christensen, deceased. From an order denying relief, petitioner appeals. To allow such an act validity destroys vested rights and turns a legislative into a judicial body. This court has recognized marriage as conferring rights. Higbee v. Higbee, 4 Utah 19; Holmes v. Holmes, 4 Barb. 295. It has denied judicial authority to the legislature in the late well-considered case of Handley’s estate, 49 Pac. Rep. 829. This principle precludes* a…
1Opinion of the Court
Zane, C. J.:
It appears from the record in this case that Herman J. Christensen, late of the city of Manti, in the county of Sanpete, in the state of Utah, died intestate on June 26, 1897, the owner of real and personal property valued at -$77,571.96; that three children by Hannah Christensen, his first wife, and two children by his last alleged lawful wife, Petrea Sorenson Christensen, from he was divorced, after their birth, survived him; that after Luther T. Tuttle had been appointed administrator of the intestate’s estate, and had filed an inventory’ thereof in the probate court of said…
2Cases cited12 opinions
- Maynard v. HillSupreme Court of the United States · 1888
- Perris v. HigleySupreme Court of the United States · 1874
- McDaniel v. CorrellIllinois Supreme Court · 1857
- Ponder v. GrahamSupreme Court of Florida · 1851
- Roche v. WatersCourt of Appeals of Maryland · 1890
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3Cited by17 opinions
- Davidson v. WamplerMontana Supreme Court · 1903
- Bothwell v. StateNebraska Supreme Court · 1904
- Weber v. Della Mountain Mining Co.Idaho Supreme Court · 1908
- Doyle v. WillcocksonSupreme Court of Iowa · 1918
- Watts v. Farmer and JensenWyoming Supreme Court · 1947
12 more not listed; retrieve them via the Exa API.