Williams v. Davis
Montana Supreme Court
Appeal from District Court, Silver Bow County, in the Second Judicial District; J. Miller Smith, Judge of the First District, presiding. Proceeding by Andrew J. Davis and another for the probate of the will of Rachel E. Williams, deceased, contested by Dorothy Alice Williams, by her guardian, Sibyl Scott. A judgment admitting the instrument to probate, and an order refusing a new trial were reversed on appeal, and a new trial ordered at the cost of proponents.
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Appeal from District Court, Silver Bow County, in the Second Judicial District; J. Miller Smith, Judge of the First District, presiding. Proceeding by Andrew J. Davis and another for the probate of the will of Rachel E. Williams, deceased, contested by Dorothy Alice Williams, by her guardian, Sibyl Scott. A judgment admitting the instrument to probate, and an order refusing a new trial were reversed on appeal, and a new trial ordered at the cost of proponents. From an order denying a motion to the district court to tax costs against the funds of the estate, proponents appeal. Cause submitted…
1Opinion of the CourtJustice Holloway
When this cause was before us on the first appeal (50 Mont. 142, 145 Pac. 957), the judgment and order were reversed, and a new trial ordered “at the cost of the respondents.” When appellant presented her memorandum of costs incurred on appeal, respondents moved the district court to tax all proper costs against the funds of the estate and not against them individually, and appealed from the order denying their motion.
In determining the appeals as was done, the disposition of [1] ' the costs was within the discretion of this court. (Sees. 7158, 7718, Rev. Codes.) We directed that the costs of…
2Cases cited3 opinions
- Harley v. WilliamsMontana Supreme Court · 1915
- Ferris v. McNallyMontana Supreme Court · 1912
- State ex rel. Hurley v. District Court of the Second Judicial DistrictMontana Supreme Court · 1902
3Cited by9 opinions
- In re Williams' EstateMontana Supreme Court · 1918
- Gahagan v. GuglerMontana Supreme Court · 1935
- State Ex Rel. Vaughn v. District CourtMontana Supreme Court · 1941
- In Re Jennings' EstateMontana Supreme Court · 1927
- State Ex Rel. Bullard v. District CourtMontana Supreme Court · 1930
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