Legal Opinion

In re Kelly's Estate

Montana Supreme Court

Decided December 1, 1904No. 2,060PublishedCited by 13 opinions

Appeal from, District Court, Lewis and Clarice Countyj J. M. Clements j Judge. , In the matter of the estate of Patrick Kelly, deceased. Erom orders denying an application to vacate a decree of distribution, and refusing to vacate an order settling the administrator’s account, one Harold Kelly, an alleged heir, appeals.

1Opinion of the Court

MD. COMMISSIONED CALLAWAY

prepared the following opinion for the court:

*357One Harold Kelly, alleging himself to be an heir of Patrick Kelly, deceased, has attempted to appeal from two orders made by the district court, viz., from an order denying his application to vacate the decree of distribution in the matter of the estate of Patrick Kelly, deceased, and from an order denying his application to vacate an order settling the administrator’s account and discharging him.

It is apparent that no appeal lies from either of the orders mentioned.

Subdivision 3 of Section 1722, Oode of Civil Procedure, as…

2Cases cited4 opinions

  1. In re the Estate of WiardCalifornia Supreme Court · 1890
  2. Estate of CalahanCalifornia Supreme Court · 1882
  3. Lutz v. ChristyCalifornia Supreme Court · 1885
  4. Butte Consolidated Mining Co. v. FrankMontana Supreme Court · 1900

3Cited by13 opinions

  1. Dougherty v. DoughertyMontana Supreme Court · 1906
  2. Kline v. MurrayMontana Supreme Court · 1927
  3. State Ex Rel. Regis v. District CourtMontana Supreme Court · 1936
  4. State ex rel. Rubin v. District CourtMontana Supreme Court · 1921
  5. Klein v. FraserMontana Supreme Court · 1907

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