Nichols v. Fox
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha • Count}'. Hon. Joseph W. Jones, Judge. Proceedings in the matter of the estate of Mary C. Hanson, deceased. From a decree in the Circuit Court in favor of Lydia Ann Nichols, contestant of the will, reversing decree of county court, Frank, Fox, executor, proponent, and The First Congregational Church of Sioux Falls, beneficiary, appeal.
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Appeal from Circuit Court, Minnehaha • Count}'. Hon. Joseph W. Jones, Judge. Proceedings in the matter of the estate of Mary C. Hanson, deceased. From a decree in the Circuit Court in favor of Lydia Ann Nichols, contestant of the will, reversing decree of county court, Frank, Fox, executor, proponent, and The First Congregational Church of Sioux Falls, beneficiary, appeal. (i) To point one of the opinion, Appellants cited: Cook on Corporations, (6th eel.) § 2; I. Morawetz Private Corporations, (ad ed.) § 318; 10 Cyc. 222; Traer v. Lucas Pros. Co., (Ia.) 99 N. W. 290; Ellerman v. Chicago etc.…
1Opinion of the CourtMcCQY, J.
One Mary C. Hanson, in the year 1911, made a will, and codicils thereto, by the terms of which, among other things, she devised certain sums of money to the First Congregational Church of Sioux Falls. When said will was offered for probate, in the county court, after the death of Mrs. Hanson, Lydia Ann Nichols, a daughter and only heir, contested the validity of said will on the ground, among others, that the First Congregational Church of Sioux Falls, being a religious corporation organized and existing under and by virtue of the laws of the state of South Dakota, had no legal authority to…
2Cases cited8 opinions
- People ex rel. Peabody v. Chicago Gas Trust Co.Illinois Supreme Court · 1889
- Taggart ex rel. Mason v. PerkinsMichigan Supreme Court · 1889
- Bixler v. SummerfieldIllinois Supreme Court · 1902
- Traer v. Lucas Prospecting Co.Supreme Court of Iowa · 1904
- Bent v. UnderdownIndiana Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Dunker v. Spink Hutterian BrethrenSouth Dakota Supreme Court · 1958
- Agnew v. AgnewSouth Dakota Supreme Court · 1928
- Graff v. EngebretsonSouth Dakota Supreme Court · 1938
- Nelson v. Dakota Bankers Trust CompanyNorth Dakota Supreme Court · 1964
- In Re Johnson's EstateSouth Dakota Supreme Court · 1938
5 more not listed; retrieve them via the Exa API.