Williams v. Davis
Montana Supreme Court
Appeal from District Court, Silver Bow County, Second Judicial District; B. Lee Word, a Judge of the First Judicial District, presiding. In the Matter of the estate of Rachel E. Williams, deceased. Proceeding by Andrew J. Davis and Lyman M. Harley for the probate of an alleged will, contested by Dorothy Alice Williams by her guardian, Sibyl Scott. From a judgment for contestant and an order denying a new trial, proponents appeal.
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Appeal from District Court, Silver Bow County, Second Judicial District; B. Lee Word, a Judge of the First Judicial District, presiding. In the Matter of the estate of Rachel E. Williams, deceased. Proceeding by Andrew J. Davis and Lyman M. Harley for the probate of an alleged will, contested by Dorothy Alice Williams by her guardian, Sibyl Scott. From a judgment for contestant and an order denying a new trial, proponents appeal. Evidence of the wealth of Davis was inadmissible. The financial condition of a legatee who was a mere acquaintance cannot be shown. {In re Merriman’s Appeal, 108…
1Opinion of the CourtJustice Holloway
Upon the former appeal (In re Williams’ Estate, 50 Mont. 142, 145 Pac. 957) a new trial was awarded because the evidence was insufficient to show due publication of the writing proffered as the last will and testament of Eachel E. Williams, deceased. Upon the second trial the subscribing witness Estabrook so far changed his testimony as to supply the deficiency noted in our former opinion, but the testimony of Norbeck, the other subscribing witness, is to the effect that nothing whatever was done or said by Mrs. Williams, at the time the writing was signed, to indicate that it was understood…
2Cases cited11 opinions
- McDermott v. SevereSupreme Court of the United States · 1906
- Wilson v. McConnachieCalifornia Supreme Court · 1897
- Murphy v. NettMontana Supreme Court · 1911
- Manatt v. ScottSupreme Court of Iowa · 1898
- Meier v. BuchterSupreme Court of Missouri · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Kuberich v. PopovichMontana Supreme Court · 1965
- Hogan v. ThrasherMontana Supreme Court · 1925
- In re Williams' EstateMontana Supreme Court · 1918
- O'Hanlon v. Ruby Gulch Mining Co.Montana Supreme Court · 1922
- In Re Bielenberg's EstateMontana Supreme Court · 1930
15 more not listed; retrieve them via the Exa API.