In re Higgins' Estate
Montana Supreme Court
Appeal from Fourth Judicial District, Missoula County. Motion of executors to quash an order requiring them to make and file an inventory. Motion denied. "Woody and Brantley, JJ.
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Appeal from Fourth Judicial District, Missoula County. Motion of executors to quash an order requiring them to make and file an inventory. Motion denied. "Woody and Brantley, JJ. Statement of the case by the justice delivering the opinion: Appeal by Julia P. Higgins, Francis G. Higgins, and George C. Higgins, executors and trustees of the last will and testament of Christopher P. Higgins, deceased, from an order made by the district court overruling the motion of said executors and trustees to set aside an order made requiring said executors and trustees to file in said court a complete…
1Opinion of the CourtHunt, J.
— Whether or not the district court exceeded its jurisdiction in making an order requiring the executors of the will of decedent to file an inventory and accounting is the ultimate question to be decided by the court. But, in reaching a conclusion upon this very important case, it becomes proper to discuss several incidental questions involved: 1. The attitude of appellants towards the court, under the will of decedent; 2. If they are executors, what may the court say must be done by them under the law? 3. To what extent shall their execu-torial duties go before they may be discharged, if a…
2Cases cited23 opinions
- White v. DitsonMassachusetts Supreme Judicial Court · 1885
- Hays v. JacksonMassachusetts Supreme Judicial Court · 1809
- Crocker v. DillonMassachusetts Supreme Judicial Court · 1882
- Flood v. PilgrimWisconsin Supreme Court · 1873
- Chadwick v. ChadwickMontana Supreme Court · 1887
18 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Texas Co. v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1935
- Burns v. SmithMontana Supreme Court · 1898
- Tuohy's EstateMontana Supreme Court · 1899
- Smith v. SmithMontana Supreme Court · 1921
- Smith v. SmithCourt of Appeals for the Ninth Circuit · 1915
37 more not listed; retrieve them via the Exa API.