Woodard v. Utter
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. E. C. Steele, Judge. Appeal from judgments of the district court setting aside decree of final distribution in the probate court. Under sec. 5702, Rev. Codes, Ann Blackinton, at the time of her death, must have owned the real estate to which her heirs succeed; the section does not include Ann.
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APPEAL from the District Court of the Second Judicial District for Nez Perce County. Hon. E. C. Steele, Judge. Appeal from judgments of the district court setting aside decree of final distribution in the probate court. Under sec. 5702, Rev. Codes, Ann Blackinton, at the time of her death, must have owned the real estate to which her heirs succeed; the section does not include Ann. Blackinton’s personal right to maintain an action in the district court to set aside, vacate and annul her deed to appellant, and does not say that her heirs succeed, upon her death, to this personal right of Ann…
1Opinion of the CourtSullivan, C. J.
The facts shown by the record in this ease, so far as they are essential to a determination of the issues involved, are as follows:
In December, 1913, Emmett Blackinton died childless, unmarried and intestate. Under our succession law, his only heir was his mother, Ann Blackinton, a widow, who had attained the age of nearly ninety years. He had, however, at the time of his death, other near relatives, among whom were two brothers, William and George, and a nephew, Edward B. *317Utter, son of a deceased sister. The daughter of William Blackinton, Grace A. Woodward, the plaintiff in this case, had…
2Cases cited9 opinions
- Waddell v. LanierSupreme Court of Alabama · 1878
- Gwinn v. MelvinIdaho Supreme Court · 1903
- French v. PhelpsCalifornia Court of Appeal · 1912
- Chandler v. Probate CourtIdaho Supreme Court · 1914
- Finney v. MooreIdaho Supreme Court · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Church v. QuinerWyoming Supreme Court · 1924
- In Re the Estate of RandallIdaho Supreme Court · 1942
- Burns v. SkogstadIdaho Supreme Court · 1949
- Bruun v. HansonCourt of Appeals for the Ninth Circuit · 1939
- Moyes v. MoyesIdaho Supreme Court · 1939
10 more not listed; retrieve them via the Exa API.