Legal Opinion

State ex rel. Eakins v. District Court of the Second Judicial District

Montana Supreme Court

Decided May 14, 1906No. 2,305PublishedCited by 17 opinions

Original application by tbe state, on relation of Mary A. Eakins, for writ of review to annul an order of tbe second judicial district court, Honorable Michael Donlan, a judge thereof, presiding, made in a probate proceeding.

1Opinion of the CourtJustice Holloway

On January 31, 1906, John Eakins died in Silver Bow county, leaving an estate therein and leaving a will by tbe terms of which Mary A. Eakins, this relatrix, is named, as wife of decedent, as legatee and devisee in tbe will and as executrix of tbe will. Tbe other legatees and devisees are two minor sons and two adult sons of tbe deceased.

On February 14th, tbe relatrix presented to tbe district court a petition asking for tbe probate of tbe will and her appointment as executrix. Notice of the bearing of tbe petition was *228given for February 26th, on which last-named day the public administrator…

2Cases cited6 opinions

  1. Carpenter v. Superior Court of San Joaquin Cty.California Supreme Court · 1888
  2. Ex parte SmithCalifornia Supreme Court · 1878
  3. Robinson v. FairSupreme Court of the United States · 1888
  4. In re the Estate of Sanborn v. PeytonCalifornia Supreme Court · 1893
  5. In re Estate of ScottCalifornia Supreme Court · 1860

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3Cited by17 opinions

  1. In Re Jennings' EstateMontana Supreme Court · 1925
  2. In Re O'brien's EstateWashington Supreme Court · 1942
  3. In Re McGovern's EstateMontana Supreme Court · 1926
  4. State ex rel. Cotter v. District CourtMontana Supreme Court · 1914
  5. State Ex Rel. Hill v. District Court of Second Judicial DistrictMontana Supreme Court · 1952

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