Legal Opinion

State ex rel. Cotter v. District Court

Montana Supreme Court

Decided April 22, 1914No. 3,452PublishedCited by 14 opinions

Original application by the state, on the relation of Harry C. Cotter, against the district court of Lewis and Clark county and one of the judges thereof, for a supervisory order annulling an order made in a probate proceeding.

1Opinion of the CourtChief Justice Brantly

On December 22, 1913, Mary Margaret Cotter died in Lewis and Clark county, leaving a will in which Thomas Cruse, her father, is named as her sole legatee. The will does not designate an executor. On December 29 Thomas Cruse filed in the district court a petition asking that the will be admitted to probate and that he be appointed administrator with the will annexed of the estate of the deceased. On January 9, 1914, the relator herein, as surviving husband of the deceased, appeared to contest the will by filing written grounds in opposition to the probate of it. At the same time he presented…

2Cases cited4 opinions

  1. State ex rel. Eakins v. District Court of the Second Judicial DistrictMontana Supreme Court · 1906
  2. State v. MitchellMontana Supreme Court · 1895
  3. Lane v. Commissioners of Missoula CountyMontana Supreme Court · 1887
  4. In re RyanMontana Supreme Court · 1897

3Cited by14 opinions

  1. State ex rel. Bonner v. DixonMontana Supreme Court · 1921
  2. Lewis & Clark County v. Industrial Accident BoardMontana Supreme Court · 1916
  3. Mills v. StewartMontana Supreme Court · 1926
  4. State Ex Rel. Normile v. CooneyMontana Supreme Court · 1935
  5. State v. DriscollMontana Supreme Court · 1936

9 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