Leyson v. Root
Montana Supreme Court
Appeal from District Court, Silver Bow County; E. W. Har-ney, Judge. PROCEEDINGS on petition of Henry A. Boot and otters, for the partial distribution of the estate of Andreiv J. Davis, deceased. Erom a decree directing such partial distribution, and from an order denying a new trial, John H. Leyson, administrator with the will annexed, and another, appeal.
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Appeal from District Court, Silver Bow County; E. W. Har-ney, Judge. PROCEEDINGS on petition of Henry A. Boot and otters, for the partial distribution of the estate of Andreiv J. Davis, deceased. Erom a decree directing such partial distribution, and from an order denying a new trial, John H. Leyson, administrator with the will annexed, and another, appeal. Whatever may have been the cause which led to the malting of said order to divide up' said estate contrary to the provisions of the will, in a proceeding to- admit said will to probate, that part of said order is unauthorized by statutory…
1Opinion of the CourtChief Justice Bkantly
This matter is before the court upon appeals by John H. Leyson, administrator with the will annexed of Andrew J. Davis, deceased, and by John E. Davis, administrator of John A. Davis, deceased, one of the legatees under the will, from an order of partial distribution and an order denying a. new trial. A brief statement of the proceedings had in the district court up to the making of the order from which the appeal is taken accompanies the opinion delivered upon a motion to dismiss the appeals, made and determined during the December term of this court. (In re Davis’ Estate, 27 Mont. 235, 70…
2Cases cited5 opinions
- Burns v. SmithMontana Supreme Court · 1898
- State ex rel. Bartlett v. Second Judicial District CourtMontana Supreme Court · 1896
- State ex rel. Shields v. Second Judicial District CourtMontana Supreme Court · 1900
- STATE ex rel. Kelly v. District Court of the Second Judicial DistrictMontana Supreme Court · 1901
- In re Davis' EstateMontana Supreme Court · 1902
3Cited by26 opinions
- In re Dolenty's EstateMontana Supreme Court · 1916
- Church v. QuinerWyoming Supreme Court · 1924
- McPike v. Superior Court of S.F.California Supreme Court · 1934
- Gow v. MauryMontana Supreme Court · 1923
- Hoppin v. LongMontana Supreme Court · 1925
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