State ex rel. Donovan v. District Court of the Second Judicial District
Montana Supreme Court
Mandamus by the state, on the relation of Janies Donovan, attorney general, against the district court of the Second judicial district of the state of Montana and E. W. Harney, one of its judges. Motion by defendants to quash an alternative writ. The state of Montana is not entitled to' take possession of the estate of a decedent until five years after his death. (2d Vol.
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Mandamus by the state, on the relation of Janies Donovan, attorney general, against the district court of the Second judicial district of the state of Montana and E. W. Harney, one of its judges. Motion by defendants to quash an alternative writ. The state of Montana is not entitled to' take possession of the estate of a decedent until five years after his death. (2d Vol. Code (Mont.) See. 1867.) Nor can the attorney general mince the property to possession until after that time. (2d Yol. ('ode (Mont,) See. 1868; 2d Yol. Codo (Cal.) Sec. 1405.) Tlio estate does not. really escheat until ten…
1Opinion of the CourtJustice Pigott
The object of this proceeding is to obtain a writ of mandate requiring the defendants, the district court of Silver Bow county and E. W. Harney, one of its judges, to restore to the files certain grounds of opposition to the probate of the will of one Charles Colbert,' deceased, and to hear and determine them.
The affidavit in support of the application for an alternative writ and the answer of the defendants show these facts: On February 14, 1901, Charles Colbert died in the county of Silver Bow, Montana, leaving an estate therein of the value of $50,-000 or thereabouts. On February 21, 1901,…
2Cases cited3 opinions
- People ex rel. Attorney-General v. RoachCalifornia Supreme Court · 1888
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