Legal Opinion

In re Davis' Estate

Montana Supreme Court

Decided February 25, 1907No. 2,369PublishedCited by 19 opinions

Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Proceedings on objections and exceptions by Henry A. Root and others to the annual account of John H. Leyson, administrator with the will annexed of Andrew J. Davis, deceased. From an order settling and allowing such final account, the objectors appeal.

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Appeal from District Court, Silver Bow County; Michael Donlan, Judge. Proceedings on objections and exceptions by Henry A. Root and others to the annual account of John H. Leyson, administrator with the will annexed of Andrew J. Davis, deceased. From an order settling and allowing such final account, the objectors appeal. Where objections are filed to the account of an administrator, the burden of proof is upon the administrator to show that the items objected to were a necessary expense to preserve and care for tbe estate, and were for tbe benefit of tbe estate and not for tbe personal…

1Opinion of the CourtChief Justice Brantly

Appeal from an order settling and allowing an annual account. On' or about July 24, 1903, John H. Leyson, administrator with the will annexed of Andrew J. Davis, deceased, filed in the district court of Silver Bow county his eighth annual account of his administration and ashed to have it settled. To this account Henry A. Eoot, in his own right, and as administrator of the estate of Sarah Mariah Cummings, deceased, Ellen S. Cornue, Joseph A. Coram, Harriet E. Sheffield, and Henry A. Davis, all being parties in interest and entitled to participate in the distribution of the estate, interposed…

2Cases cited8 opinions

  1. Wheeler v. BoltonCalifornia Supreme Court · 1891
  2. Leyson v. DavisMontana Supreme Court · 1895
  3. Leyson v. RootMontana Supreme Court · 1903
  4. In re Davis' EstateMontana Supreme Court · 1902
  5. Estate of Danforth v. GoffeMissouri Court of Appeals · 1896

3 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Lamont v. VingerMontana Supreme Court · 1921
  2. In re Williams' EstateMontana Supreme Court · 1918
  3. In re Allard GuardianshipMontana Supreme Court · 1914
  4. In re Eakins' Estate v. EakinsMontana Supreme Court · 1922
  5. In re the Estate of LalakeaHawaii Supreme Court · 1922

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