Carroll v. King
Montana Supreme Court
'Appeals from. District Court, Silver Bow County, in the Second Judicial District; Win. H. Doorman, a Judge of the First District, presiding. Action by Walker B. Carroll and others against L. A. King and others, executors and beneficiaries, to contest the last will and testament of Joseph T. Carroll, deceased. Judgment for contestants. Contestees appeal from the judgment and from the order overruling the motion for new trial.
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'Appeals from. District Court, Silver Bow County, in the Second Judicial District; Win. H. Doorman, a Judge of the First District, presiding. Action by Walker B. Carroll and others against L. A. King and others, executors and beneficiaries, to contest the last will and testament of Joseph T. Carroll, deceased. Judgment for contestants. Contestees appeal from the judgment and from the order overruling the motion for new trial. The sole question for determination is, “Was testator of sound mind at the time the will was executed?” If he was, his precedent and subsequent condition is immaterial.…
1Opinion of the CourtJustice Reynolds
This action was brought to contest the validity of the alleged last will and testament of Joseph T. Carroll, deceased. Deceased left surviving him one brother and five nephews and nieces, children of a deceased brother and sister. The will was made October 24, 1917, in which all the estate was disposed of to friends of deceased, as follows: $2,000 to L. A. King and Maude H. King, his wife, and the balance in equal shares to George B. Winston and D. J. Fitzgerald. The will contained this clause: “I desire no part whatever of my estate to go to any relative of mine.” The will was admitted to…
2Cases cited5 opinions
- Ball v. GussenhovenMontana Supreme Court · 1904
- Murphy v. NettMontana Supreme Court · 1913
- State ex rel. Carroll v. District CourtMontana Supreme Court · 1915
- Lehane v. Butte Electric Ry. Co.Montana Supreme Court · 1908
- Moran v. EbeyMontana Supreme Court · 1909
3Cited by41 opinions
- In Re Silver's EstateMontana Supreme Court · 1934
- Weinberg v. Farmers State Bank of WordenMontana Supreme Court · 1988
- Gunnels v. HoytMontana Supreme Court · 1981
- In Re Baxter's EstateMontana Supreme Court · 1933
- Adair v. SchnackMontana Supreme Court · 1945
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