Head v. Nixon
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action to probate a will, and a contest of such will. Judgment for the plaintiff. One relying upon the law to do a particular thing must show that he comes within the law and the prescribed regulations thereof. (Goodwin v. Smith, 72 Ind. 113-116, 37 Am.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. Action to probate a will, and a contest of such will. Judgment for the plaintiff. One relying upon the law to do a particular thing must show that he comes within the law and the prescribed regulations thereof. (Goodwin v. Smith, 72 Ind. 113-116, 37 Am. Rep. 144; Savage v. Bowen, 103 Ya. 540, 49 S. E. 668; Lewis v. Lewis, 11 N. Y. 220; Baskin v. Baskin, 36 N. Y. 416.) The request to an attesting witness must come from the testator, or be made knowingly and consciously by and with his…
1Opinion of the CourtStewart, C. J.
In September, 1868, at Rathdrum, Idaho, Stephen E.. Liberty, a white man, and Christina Busehey (Buchey), an Indian woman, were married. Christina Buschey was a member of a tribe of Indians called the Coeur d Aleñe tribe, and lived with such tribe. After such marriage Liberty was adopted a member of the tribe by certain ceremonies prescribed by such tribe and appropriate to the occasion. Mr. and Mrs. Liberty resided on the reservation a greater part of the time after their marriage, and a family of eight children was reared: Edmund A., Lee, and Warren Liberty, and Melvina L. Head, Mary Nixon,…
2Cases cited3 opinions
- Estate of LatourCalifornia Supreme Court · 1903
- Baskin v. . BaskinNew York Court of Appeals · 1867
- Estate of McDermottCalifornia Supreme Court · 1905
3Cited by8 opinions
- Wood v. WoodWyoming Supreme Court · 1917
- Hull v. CartinIdaho Supreme Court · 1940
- In Re the Estate of GoanIdaho Supreme Court · 1961
- In Re Heazle's EstateIdaho Supreme Court · 1952
- Allen v. BeemerIllinois Supreme Court · 1939
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