Barney v. Hayes
Montana Supreme Court
Appeal from Seventh Judicial District, Yellowstone County, Probate proceeding. Defendants’ petition for the probate of a will was denied by Milburn, J. 1. Compiled Statutes of Montana, page 280, section 20, provides the method of procedure which must be followed in contests of this character: “If any one appears to contest the will he must file written grounds of opposition to the probate thereof, and serve a copy on the petitioner, and other residents of the county…
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Appeal from Seventh Judicial District, Yellowstone County, Probate proceeding. Defendants’ petition for the probate of a will was denied by Milburn, J. 1. Compiled Statutes of Montana, page 280, section 20, provides the method of procedure which must be followed in contests of this character: “If any one appears to contest the will he must file written grounds of opposition to the probate thereof, and serve a copy on the petitioner, and other residents of the county interested in the estate, any one of whom may demur thereto. .... If the demurrer is sustained, the court must allow contestant…
1Opinion of the CourtBlake, C. J.
The appellants filed, January 10, 1891, in the District Court of Yellowstone County, their petition for the probate of the last will and testament of Charles E. Barney, deceased, and alleged that said Barney died October 3, 1890, in the State of Vermont; that he left real and personal estate in said county of Yellowstone of the value of twenty thousand dollars; that he left a will dated June 15, 1889, which was filed October 11, 1890, in the court below, and presented for probate; that the court by an order made December'!, 1890, refused to probate the same, and the petitioners appealed to…
Also in this document: Concurrence.
2Cases cited8 opinions
- In re Estate of SandersonCalifornia Supreme Court · 1887
- State v. McGlynn & ButlerCalifornia Supreme Court · 1862
- Payne v. PayneCalifornia Supreme Court · 1861
- Castro v. RichardsonCalifornia Supreme Court · 1861
- In re Estate of DalrympleCalifornia Supreme Court · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re Irvine's EstateMontana Supreme Court · 1943
- Noyes v. GerardMontana Supreme Court · 1909
- Noyes v. GerardMontana Supreme Court · 1909
- In Re Anderson's EstateMontana Supreme Court · 1948
- Montague v. StreetNorth Dakota Supreme Court · 1930
8 more not listed; retrieve them via the Exa API.