In re Phillips' Estate
Montana Supreme Court
Appeal from Second Judicial District, Silver Dow County. Probate Proceeding. An order directing a partial distribution of the estate was made by McHattoN, J. Statement of the case by the justice delivering the opinion. This is an appeal by Anna M. Phillips, as executrix of the will of Geo. W. Phillips, deceased. Mary A. Snively, a legatee, under the will of Geo. W. Phillips, and Henry Camp, acting for several other legatees, applied to the court for a partial distribution.
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Appeal from Second Judicial District, Silver Dow County. Probate Proceeding. An order directing a partial distribution of the estate was made by McHattoN, J. Statement of the case by the justice delivering the opinion. This is an appeal by Anna M. Phillips, as executrix of the will of Geo. W. Phillips, deceased. Mary A. Snively, a legatee, under the will of Geo. W. Phillips, and Henry Camp, acting for several other legatees, applied to the court for a partial distribution. The petition of Mary A. Snively sets forth that the executrix on the---day of February, 1894, filed her account,…
1Opinion of the CourtHuNt, J.
It is argued by the respondents that this appeal will not lie because it was taken by Anna M. Phillips in her capacity as executrix of the will of her husband. ' To support the argument the case of Dewars’ Estate, 10 Mont. 422, is relied on. There the administrator appealed from an- order sustaining certain objections to the administrator’s final account, and from the decree of distribution. It was decided that in his official character the appellant had no interest in the decree of distribution, and his appeal was therefore dismissed. No statute was cited giving the administrator any right…
2Cases cited7 opinions
- In re estate of LuxCalifornia Supreme Court · 1893
- In re Estate of MarreyCalifornia Supreme Court · 1884
- In re JessupCalifornia Supreme Court · 1889
- In re Dewar's EstateMontana Supreme Court · 1891
- Merrifield v. LongmireCalifornia Supreme Court · 1884
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3Cited by6 opinions
- In re Barker's EstateMontana Supreme Court · 1902
- In re Davis' EstateMontana Supreme Court · 1902
- In Re Howard's EstateUtah Supreme Court · 1945
- In re the Estate of RayNevada Supreme Court · 1951
- State ex rel. Leyson v. District Court of the Second Judicial DistrictMontana Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.