Harwood v. Scott
Montana Supreme Court
Appeal from District Court of Silver Bow Cotmtyj J. J. lynch, Judge. Action by E. N. Harwood against ■ Sibyl Scott, as administratrix of the estate of Rachel E. Williams, deceased. Verdict for plaintiff, who appeals from that part of the judgment which dismisses the first of his three causes of action.
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Appeal from District Court of Silver Bow Cotmtyj J. J. lynch, Judge. Action by E. N. Harwood against ■ Sibyl Scott, as administratrix of the estate of Rachel E. Williams, deceased. Verdict for plaintiff, who appeals from that part of the judgment which dismisses the first of his three causes of action. Must a claim against an estate, presented to the executor or administrator for allowance, state all material facts whereby the obligation embraced therein was created and exists? The authorities cited below, and in fact all authorities found on that subject, although only more recent ones…
1Opinion of the CourtJustice Matthews
On August 14, 1906, Rachel E. Williams, as administratrix of the estate of Henry Williams, deceased, filed in the district court of Silver Bow county her fourth annual report and account, in which she recited, among other things: “Aug. 12th. By amount due E. N. Harwood, for services and counsel as attorney, rendered on behalf of the estate of Henry Williams, in [cases pending, etc.] from Aug. 12th, 1905, to Aug. 12th, 1906, subject to allowance of the above-entitled court, Voucher No. 763 ......$1,800.00.” The account was finally submitted to the court on February 5, 1906, and by the court…
2Cases cited10 opinions
- McGrath v. CarrollCalifornia Supreme Court · 1895
- In re Estate of SwainCalifornia Supreme Court · 1885
- Vanderpool v. VanderpoolMontana Supreme Court · 1914
- Hamilton v. BlakeneySupreme Court of Oklahoma · 1917
- Lichtenberg v. McGlynnCalifornia Supreme Court · 1894
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3Cited by5 opinions
- Brion v. BrownMontana Supreme Court · 1959
- Wunderlich v. HoltMontana Supreme Court · 1929
- Brown v. Midland National BankMontana Supreme Court · 1968
- Denver Joint Stock Land Bank of Denver v. PrestonWyoming Supreme Court · 1937
- State Ex Rel. Steinfort v. District CourtMontana Supreme Court · 1939