In re Davis' Estate
Montana Supreme Court
Appeal from, Second Judicial District, Silver Bow County, Probate proceeding. Petition to vacate an order directing the issuance of letters of administration.
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Appeal from, Second Judicial District, Silver Bow County, Probate proceeding. Petition to vacate an order directing the issuance of letters of administration. The petition was denied by McHatton, J. The order directing the issuance of letters of administration to John A. Davis should have been vacated for the following reasons:— I. Abandonment and renunciation of his right to administration by failing to qualify, and by doing acts inconsistent with and antagonistic to his appointment as administrator; as (a) the filing of a petition for the probate of a will, in which he asks that the order…
1Opinion of the CourtHarwood, J.
Appeal from an order of the Second Judicial District Court within and for Silver Bow County, refusing to appoint Henry A. Boot administrator of the estate of Andrew J. Davis, deceased, upon the petition of Maria Cummings, an alleged sister and heir at law of decedent, filed March 19,1891.
*204The record presents for review said petition, the answer of John A. Davis in resistance of such appointment, and all evidence, documents, and records introduced and used in the hearing; all of which are brought up in a statement of the case on motion for new trial, which motion was overruled by the said court.
2Cases cited4 opinions
- In re McFarland's EstateMontana Supreme Court · 1891
- Landers v. StoneIndiana Supreme Court · 1873
- Root v. DavisMontana Supreme Court · 1890
- Bulkley v. RedmondNew York Surrogate's Court · 1853
3Cited by7 opinions
- In Re O'Connor's EstateArizona Supreme Court · 1952
- Walden v. MahnksSupreme Court of Georgia · 1934
- State ex rel. Guye v. Superior CourtWashington Supreme Court · 1909
- Matter of Estate of PeggMontana Supreme Court · 1984
- Estate of Brinckwirth v. TrollSupreme Court of Missouri · 1916
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