Legal Opinion

Dahlman v. Dahlman

Montana Supreme Court

Decided June 15, 1903No. 1,593PublishedCited by 12 opinions

Appeal from DistrictI Court, Jefferson County; M. H. Parker, Judge. ActioN by Anna Dablman against Emil Dablman and another. From a judgment in favor of defendants, plaintiff appeals. STATEMENT OE THE CASE.

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Appeal from DistrictI Court, Jefferson County; M. H. Parker, Judge. ActioN by Anna Dablman against Emil Dablman and another. From a judgment in favor of defendants, plaintiff appeals. STATEMENT OE THE CASE. This proceeding was instituted by tbe plaintiff, tbe widow of Henry Dablman, deceased, under Section 3070-3081 of tbe Code of Civil Procedure, for tbe purpose of having allotted to her dower in tbe estate of her husband in accordance with tbe provisions of Sections 228-244 of .the Civil Code, relating to dower. Upon tbe pleadings filed in tbe district court, which consist of a complaint,…

1Opinion of the CourtChief Justice Bkantly

*376Tbe only question submitted to tbis court for decision is ■whether, when the husband die's intestate, without children or grandchildren living surviving his widow and one or both parents, the widow is entitled to one-half of the estate under the statute relating to succession, in addition to her right of dower, or election in lieu thereof, under Section 236 of the Civil Code, supra. The solution of this question depends upon a construction of Sections 228, 236, and 1852, supra, in the light of other provisions of the Code touching the subjects to which these sections relate. These provisions…

2Cited by12 opinions

  1. Mathews v. MarsdenMontana Supreme Court · 1924
  2. O'Malley v. O'MalleyMontana Supreme Court · 1913
  3. Tyler v. TylerMontana Supreme Court · 1914
  4. In Re Roberts'estateMontana Supreme Court · 1959
  5. Manuel v. TurnerMontana Supreme Court · 1908

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