Cook v. Bolduc
Wyoming Supreme Court
Error to the District Court, Big Horn County; Hon. Charles E. Winter, Judge. Will contest by Anna Cook Bolduc and another against Nina May Cook. Judgment for contestants, refusing to admit the will to probate and contestee brings error. The facts are stated in the opinion. The court erred in denying contestee’s motion to strike portions of the petition. (40 Cyc. 1156; Eulton v. Free-land, 219 Mo. 494, 118 S. W. 12, 131 Am.
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Error to the District Court, Big Horn County; Hon. Charles E. Winter, Judge. Will contest by Anna Cook Bolduc and another against Nina May Cook. Judgment for contestants, refusing to admit the will to probate and contestee brings error. The facts are stated in the opinion. The court erred in denying contestee’s motion to strike portions of the petition. (40 Cyc. 1156; Eulton v. Free-land, 219 Mo. 494, 118 S. W. 12, 131 Am. St. Rep. 576; Pierce v. Bierce, 38 Mich. 412; Flint’s Estate, (Cal.) 34 Pac. 863.) It was error to allow a jury trial. (Sections 5440-5441, Compiled Statutes 1910.) Section…
1Opinion of the Court
Beard, Justice.
Josiah Cook died on March 6, 1914, at the ) of fifty-six years. At the time of his death he was possessed of property of the value of $30,000 or $35,000. Pie .left surviving him Nina May Cook, his widow, and Anna Bolduc and Leila Beatrice Masonheimer, his adopted daughters. He *288left a will executed October 16, 1912, by the terms of which (after providing for the payment of his funeral expenses and his just debts) he devised and bequeathed to said Anna Bolduc the sum of one thousand dollars in cash. To C. A. Zaring a diamond ring; and to said Nina May Cook all the residue of his…
2Cited by13 opinions
- Peterson v. McMickenWyoming Supreme Court · 1954
- Harris v. SchoonmakerWyoming Supreme Court · 1936
- Matter of Estate of BrosiusWyoming Supreme Court · 1984
- In Re Merrill's EstateWyoming Supreme Court · 1959
- In THE MATTER OF ANDERSON v. AndersonWyoming Supreme Court · 1953
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