Stoll v. Gottbreht
North Dakota Supreme Court
'Action to determine adverse claims in District Court, Eolette County,, Buttz, J. From a judgment in favor of the defendant, William Gottbrebt, the-plaintiffs have appealed and demand a trial de novo. Until tbe will bas been duly admitted to probate in tbe proper court it is wholly ineffectual as an instrument of title. A will must be probated in tbe proper court provided by tbe Constitution and statutes before it is effectual or will pass title.
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'Action to determine adverse claims in District Court, Eolette County,, Buttz, J. From a judgment in favor of the defendant, William Gottbrebt, the-plaintiffs have appealed and demand a trial de novo. Until tbe will bas been duly admitted to probate in tbe proper court it is wholly ineffectual as an instrument of title. A will must be probated in tbe proper court provided by tbe Constitution and statutes before it is effectual or will pass title. Hon-singer v. Stewart, 34 N. D. 513, 159 N. W. 12; Walsh v. Krause, 38 N. D. 264, 181 N. W. 1891; Ee Peterson, 22 N. D. 480, 134 N. W. 751. A will…
1Dissent
Christianson, Ch. J.
(dissenting). This is an action to determine adverse claims to a quarter section of land in Rolette county. The trial court found, and the evidence establishes, the following material facts:
One John Kelly entered the land in question under the homestead laws of the United States of America. On January 23, 1902, he died without having made final proof. Kelly was the father of the defendant Mary Gottbreht, and the grandfather of the plaintiffs, Anna Stoll and Loretta Erhart. Mary Gottbreht had been caring for her father for some time prior to his death. He died in her home…
2Cases cited16 opinions
- Bernier v. BernierSupreme Court of the United States · 1893
- Unger v. MooneyCalifornia Supreme Court · 1883
- Power v. KitchingNorth Dakota Supreme Court · 1901
- Gjerstadengen v. G. W. Van Duzen & Co.North Dakota Supreme Court · 1898
- Pettit v. BlackNebraska Supreme Court · 1882
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