Lemp v. Lemp
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. ,. Proceeding for partial distribution of decedent’s estate. Judgment of the district court reversing a judgment of the probate court setting aside the proceeds of certain life insurance policies on the life of the decedent to the surviving widow.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. ,. Proceeding for partial distribution of decedent’s estate. Judgment of the district court reversing a judgment of the probate court setting aside the proceeds of certain life insurance policies on the life of the decedent to the surviving widow. The probate court was justified in setting aside for the widow the proceeds of the policies, because they are exempt from execution. (Rev. Codes, secs. 4480, 5441; Estate of Miller, 121 Cal. 353, 53 Pac. 906; Holmes v. Marshall, 145 Cal.…
1Opinion of the CourtBudge, J.
This is an appeal from a judgment of the district court reversing a judgment of the probate court of Ada county, setting aside the proceeds of two insurance policies on the life of Edward Lemp, deceased, to Mary W. Lemp, his widow.
Lemp died September 6, 1912, testate, holding two policies for $2,500 each in the New York Life Insurance Company, the annual premiums of which aggregated less than $250.
The probate court set aside the proceeds of these policies to) the widow, on the theory that they were community property, and did not pass by the will. The district court reversed the judgment on…
2Cases cited15 opinions
- Kennedy v. McDougalCalifornia Supreme Court · 1910
- Holmes v. MarshallCalifornia Supreme Court · 1905
- Rosenblum v. LevyCalifornia Supreme Court · 1904
- In re Estate of BallentineCalifornia Supreme Court · 1873
- In re Estate of McManusCalifornia Supreme Court · 1890
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3Cited by6 opinions
- Elsaesser v. GibsonIdaho Supreme Court · 2021
- Malone v. Van EttenIdaho Supreme Court · 1947
- In Re MacDonnell's EstateNevada Supreme Court · 1936
- Lee v. CommissionerUnited States Tax Court · 1948
- Lee v. CommissionerUnited States Tax Court · 1948
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