Legal Opinion · Dissent

In Re Brooks Estate. Jenson v. Ogden State Bank

Utah Supreme Court

Decided March 30, 1934No. 4882Published

1DissentMoffat, J.

The prevailing opinion, I think, fails fundamentally to distinguish the different capacities in which appellant served as well as the different liabilities and relationships required to be recognized and considered growing out of them. For the reasons hereinafter stated, I cannot concur in the prevailing opinion of the court.

Clarence W. Brooks died intestate on the 24th day of May, 1918. On petition duly filed, Mary Birooks, decedent’s widow, on the 5th day of August, 1918, was appointed administratrix of the estate of her deceased husband, and qualified by giving a bond in the sum of $72,500…

2Cases cited5 opinions

  1. In re Raleigh's EstateUtah Supreme Court · 1915
  2. In Re Foreman's EstateSupreme Court of Oklahoma · 1916
  3. In re the Estate of PugsleyUtah Supreme Court · 1904
  4. In Re Green's Estate. Green v. Parker, Atty. Gen.Utah Supreme Court · 1931
  5. Moyes v. AgeeUtah Supreme Court · 1919

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