Chadwick v. Chadwick
Montana Supreme Court
Appeal from Third District, Lewis a/nd Clarke County. Petition in probate court for the decision of certain questions arising under the will of W. P. Chadwick. Judgment for petitioners. Defendants appealed. IN HOMESTEAD CASE. The homestead is an exemption law; as such is wholly of statutory creation, and cannot be extended beyond the purposes of its creation.
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Appeal from Third District, Lewis a/nd Clarke County. Petition in probate court for the decision of certain questions arising under the will of W. P. Chadwick. Judgment for petitioners. Defendants appealed. IN HOMESTEAD CASE. The homestead is an exemption law; as such is wholly of statutory creation, and cannot be extended beyond the purposes of its creation. The supreme court of California has recognized two homesteads of separate and distinct creation, and of separate and distinct characteristics; one created by the joint act of the husband and wife during coverture, and the other by the…
1Opinion of the CourtGalbraith, J.
In this record there are two appeals, each from an order affirming the action and judgment of the probate court of Lewis and Clarke county, each of which was rendered upon an agreed statement of -facts. These appeals, in our view of the case, may be determined together.
The first of the agreed statements was as follows, viz.: “The petition of Norma D. Chadwick, widow of the said Walter F. Chadwick, deceased, having been filed in said court in the above entitled proceedings, on the 26th day of January, 1886, for a decree setting apart a homestead, upon which a decree was made by the said court…
2Cases cited4 opinions
- Perris v. HigleySupreme Court of the United States · 1874
- Rosenberg v. FrankCalifornia Supreme Court · 1881
- Mayberry v. KellySupreme Court of Kansas · 1862
- People v. B. M. Du Rell & Co.Idaho Supreme Court · 1866
3Cited by17 opinions
- Clark v. . HomesSupreme Court of North Carolina · 1925
- Burns v. SmithMontana Supreme Court · 1898
- In re Higgins' EstateMontana Supreme Court · 1895
- Clark v. Carolina Homes, Inc.Supreme Court of North Carolina · 1925
- State ex rel. Bartlett v. Second Judicial District CourtMontana Supreme Court · 1896
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