In re Liter's Estate
Montana Supreme Court
Appeal from District Court, Ravalli County. F. II. Woody, Judge. ° Petition by the public administrator of Ravalli county, Mont., for letters of administration on the estate of Eva B. Liter. The petition was denied, and petitioner appeals. Statement of the case by the justice delivering the opinion. Upon the 23d day of April, 1895, the public administrator of Ravalli county made application in the district court for letters of administration upon the estate of Eva B. Liter.
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Appeal from District Court, Ravalli County. F. II. Woody, Judge. ° Petition by the public administrator of Ravalli county, Mont., for letters of administration on the estate of Eva B. Liter. The petition was denied, and petitioner appeals. Statement of the case by the justice delivering the opinion. Upon the 23d day of April, 1895, the public administrator of Ravalli county made application in the district court for letters of administration upon the estate of Eva B. Liter. The petition set forth that the said Eva B. Liter, in or about the month of April, 1882, departed from her home in said…
1Opinion of the CourtBuck, J.
Under the probate statutes of the Montana Code of Civil Procedure of 1895, an application for letters of administration may assume the form of an action, to which there are parties plaintiff arid defendant. This would probably be the case when two applications for letters on the same estate, adverse to each other, are heard together. (See sections 2443, 2444, 2923, Code Civ. Proc.) Under the statutes in force prior to July 1, 1895, where an application for letters of administration was contested and issues of fact arose, the proceeding might also have been regarded as one in the form of *478an…
2Cited by7 opinions
- State v. QuartierOregon Supreme Court · 1925
- Curry v. McCafferyMontana Supreme Court · 1913
- Williams v. HefnerMontana Supreme Court · 1931
- Stefonick v. StefonickMontana Supreme Court · 1946
- State ex rel. Lancaster v. WoodyMontana Supreme Court · 1898
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