Legal Opinion

Kolbow v. State

Montana Supreme Court

Decided November 28, 1911No. 3,026PublishedCited by 12 opinions

Appeal from District Court, Silver Bow County; John B. McClernan, Judge. In the Matter of the settlement of the estate of Charles Colbert, deceased, in which Johann Kolbow and others residents of the German empire, sought to be declared heirs of the deceased, the state through the attorney general answered, controverting the rights of the petitioners. From a judgment dismissing the complaint of petitioners and an order denying them a new trial, they appeal.

Read the full summary

Appeal from District Court, Silver Bow County; John B. McClernan, Judge. In the Matter of the settlement of the estate of Charles Colbert, deceased, in which Johann Kolbow and others residents of the German empire, sought to be declared heirs of the deceased, the state through the attorney general answered, controverting the rights of the petitioners. From a judgment dismissing the complaint of petitioners and an order denying them a new trial, they appeal. By subdivision 25, Article III of the.Constitution, aliens are put upon the same footing as citizens of this state as to the inheritance…

1Opinion of the CourtChief Justice Brantlt

Charles Colbert died intestate in Silver Bow county on February 14, 1901. He left an estate, consisting of real and personal property, of an estimated value of $45,000. Of this total $4,000 was money on deposit. The real estate is described as “about sixteen acres of land, being'portions of survey Nos. 996 A. B. and C, Emery Placer, and Survey No. 1702, Otisko Lode, excepting portions of the surface, which do not belong to the estate.” The estate has been in process of administration by the district court of Silver Bow county, and has not yet been closed. So far as was ascertainable at the…

2Cases cited14 opinions

  1. Blight's Lessee v. RochesterSupreme Court of the United States · 1822
  2. Gelsthorpe v. FurnellMontana Supreme Court · 1897
  3. Chemung Canal Bank v. LowerySupreme Court of the United States · 1876
  4. Guiterman v. WishonMontana Supreme Court · 1898
  5. DeMoss v. NewtonIndiana Supreme Court · 1869

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

3Cited by12 opinions

  1. Morrison v. Farmers & Traders' State BankMontana Supreme Court · 1924
  2. Pepin v. MeyerMontana Supreme Court · 1917
  3. Bottomly v. Meagher CountyMontana Supreme Court · 1943
  4. In Re Nossen's EstateMontana Supreme Court · 1945
  5. In Re Van Voast's EstateMontana Supreme Court · 1953

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API