Legal Opinion

Arnold v. Morrissey

Montana Supreme Court

Decided July 1, 1921No. 4,420PublishedCited by 16 opinions

Appeal from District Court, Yellowstone County; A. C. Spencer, Judge. Proceeding by J. B. Arnold and another, executors, for partial distribution of the estate of Kate Fratt, deceased. From an order granting insufficient relief, Marguerite Morrissey and another appeal. The bequests made Annie Morrissey did not lapse.

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Appeal from District Court, Yellowstone County; A. C. Spencer, Judge. Proceeding by J. B. Arnold and another, executors, for partial distribution of the estate of Kate Fratt, deceased. From an order granting insufficient relief, Marguerite Morrissey and another appeal. The bequests made Annie Morrissey did not lapse. The will is silent as to disposition of bequests in event the beneficiary died before the testator, and the statute is appealed to in aid of the dispositions made. “When any estate is devised to any child, or other relation of the testator, and the devisee dies before the…

1Opinion of the Court

ME. COMMISSIONEE JACKSON

prepared the opinion for the court.

Appeal from an order directing partial distribution. The decedent disposed of her property by will, and among the beneficiaries thereunder were a sister, Annie Morrissey, and a niece, Marguerite Morrissey, daughter of Annie Morrissey, her only lineal descendant. The will gave to Annie Morrissey the sum of $15,000 and one-sixth of the residuary estate in equal shares with five others. Marguerite Morrissey’s interest in the estate is shown by paragraphs 10 and 11 of the will, as follows:

“10. I give and bequeath to my said niece,…

2Cases cited16 opinions

  1. In Re Compelling Payment of Tax Upon Property Given by the Will of EnstonNew York Court of Appeals · 1889
  2. In Re the Executors & Legatees of & Under the Last Will & Testament of McPhersonNew York Court of Appeals · 1887
  3. Gelsthorpe v. FurnellMontana Supreme Court · 1897
  4. In Re the Last Will & Testament of VassarNew York Court of Appeals · 1891
  5. Estate of RossCalifornia Supreme Court · 1903

11 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Hoellinger v. MolzhonNorth Dakota Supreme Court · 1950
  2. Royston v. BesettSupreme Court of Oklahoma · 1938
  3. In Re Bernheim's EstateMontana Supreme Court · 1928
  4. In Re McGovern's EstateMontana Supreme Court · 1926
  5. Converse v. ByarsMontana Supreme Court · 1941

11 more not listed; retrieve them via the Exa API.

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