Legal Opinion

O'Neil v. O'Neil

Montana Supreme Court

Decided October 3, 1911No. 2,981PublishedCited by 12 opinions

Appeal from, District Court, Yelloiustone County; Sydney Sanner, Judge of the Seventh Judicial District, presiding. Consolidated Actions by Edward O’Neil, as executor of the estate of John O’Neil, deceased, against the First National Bank of Billings, the Yellowstone National Bank of Billings, the Thomas Cruse Savings Bank, Yegen Brothers, Bankers, and James O’Neil.

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Appeal from, District Court, Yelloiustone County; Sydney Sanner, Judge of the Seventh Judicial District, presiding. Consolidated Actions by Edward O’Neil, as executor of the estate of John O’Neil, deceased, against the First National Bank of Billings, the Yellowstone National Bank of Billings, the Thomas Cruse Savings Bank, Yegen Brothers, Bankers, and James O’Neil. From a judgment in favor of plaintiff and from an order denying him a new trial, defendant James O’Neil appeals. This is an equity case. The subject matter is the conflicting claims of the plaintiff and the defendant, as to the…

1Opinion of the CourtChief Justice Brantly

John O’Neil died at Glendive, Dawson county, Montana, on September 22, 1908, at the age of sixty-eight years. He had neither wife nor children. He left a will dated August 12, 1908. designating the plaintiff, a brother, as his executor. By order *509of the district court in and for Dawson county, made on March 31, 1910, the will was admitted to probate, and the plaintiff, having qualified as executor, entered upon the discharge of his duties. Prior to his death the deceased had made deposits in different amounts with the defendant banking institutions, which were evidenced by certificates payable…

2Cases cited15 opinions

  1. Ridden v. . ThrallNew York Court of Appeals · 1891
  2. Bordeaux v. BordeauxMontana Supreme Court · 1905
  3. Finlen v. HeinzeMontana Supreme Court · 1905
  4. Leyson v. DavisMontana Supreme Court · 1895
  5. Williams v. . GuileNew York Court of Appeals · 1889

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

3Cited by12 opinions

  1. Sylvain v. PageMontana Supreme Court · 1929
  2. Nelson v. WilsonMontana Supreme Court · 1928
  3. Stagg v. StaggMontana Supreme Court · 1931
  4. Albinger v. HarrisMontana Supreme Court · 2002
  5. Cook v. HudsonMontana Supreme Court · 1940

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

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