Legal Opinion

Gillette v. McLaughlin

South Dakota Supreme Court

Decided August 31, 1921No. File No. 4888PublishedCited by 12 opinions

Appeal from Circuit Court, Moody -County. Hon. Louis L. LuEEGEr, Judge. In the Matter of the Will of James 'A. Gillette, deceased.

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Appeal from Circuit Court, Moody -County. Hon. Louis L. LuEEGEr, Judge. In the Matter of the Will of James 'A. Gillette, deceased. Orrie Gillette, widow of decedent, contested the will in the county court, that court having admitted the will to probate; from which decree contestant appealed to circuit court; which latter court on trial to jury adjudged the will void; from which judgment and from an order denying a new trial, William J. McLaughlin, Executor under the will, appealed. (2) To point two of the opinion, Appellant cited: Hackett v. Ha-ckett, 33 S. D. 208; Boll v. Strand (S. D.) 178…

1Opinion of the CourtPolle'Y, P. J.

This appeal grows out of a controversy over a will, j James A. Gillette, the decedent named herein, died testate on the 18th -day of July, 1918. Pie left surviving him- as heirs at law his widow, Maggie A'. Gillette; a daughter, Elizabeth; and two sons, Orrie Gillette, the plaintiff in this action, and John A. Gillette. There had been an older son, Harry, who was killed by falling from a load of hay on the 1st day of September, 1910. Decedent and Maggie -Gillette were married on the 1st day of January, 1890. They lived together on a farm in 'Moody county from the time of their marriage until…

2Cases cited3 opinions

  1. Johnson v. ShaverSouth Dakota Supreme Court · 1919
  2. Boll v. StrandSouth Dakota Supreme Court · 1920
  3. McKenzie v. MurrayMichigan Supreme Court · 1921

3Cited by12 opinions

  1. In Re Estate of HobelsbergerSouth Dakota Supreme Court · 1970
  2. In Re Rowland's EstateSouth Dakota Supreme Court · 1945
  3. Peterson v. ImbsenSouth Dakota Supreme Court · 1923
  4. In Re Estate of ShableySouth Dakota Supreme Court · 1971
  5. Ansted v. GrieveSouth Dakota Supreme Court · 1930

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