Miller v. Bush
Montana Supreme Court
Appeal from District Court, Silver Bow County; Geo. M. B our quin, Judge. Proceedings, by Mary Bush, for the probate of the will of Mary Miller, deceased. Ella Miller appeared as contestant and offered for probate a prior will. From a judgment denying probate, petitioner, Mary Bush, appeals. The same degree of mental capacity is not required to make out a will as is required in making out an ordinary contract. (Potts v. House, 6 Ga. 324, 50 Am.
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Appeal from District Court, Silver Bow County; Geo. M. B our quin, Judge. Proceedings, by Mary Bush, for the probate of the will of Mary Miller, deceased. Ella Miller appeared as contestant and offered for probate a prior will. From a judgment denying probate, petitioner, Mary Bush, appeals. The same degree of mental capacity is not required to make out a will as is required in making out an ordinary contract. (Potts v. House, 6 Ga. 324, 50 Am. Dec. 329; Harrison v. Rowan, 3 Wash. C. C. 580, Fed. Cas. No. 6141; Kinne v. Kinne, 9 Conn. 102, 21 Am. Dec. 732; Converse v. Converse, 21 Yt. 168, 52…
1Opinion of the CourtJustice Smith
The above-named appellant filed her petition in the district court of Silver Bow county, praying for the admission to probate of the will of Mary Miller, deceased. It is recited in said petition that the probable value of the estate is at least $25,000. In and by the will offered for probate the testatrix gave to the appellant the sum of $250, and to the respondent, her daughter, she left all the rest and residue of her estate after the payment of her debts and funeral expenses. The appellant was named -is executrix of said will. The respondent filed a contest to the petition of the…
2Cases cited8 opinions
- In Re the Probate of the Last Will & Testament of CottrellNew York Court of Appeals · 1884
- In Re Proving the Last Will & Testament of HuntNew York Court of Appeals · 1888
- Orser v. . OrserNew York Court of Appeals · 1861
- Trustees of Auburn Seminary v. . CalhounNew York Court of Appeals · 1862
- Ames v. AmesOregon Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Noyes v. GerardMontana Supreme Court · 1910
- In Re Silver's EstateMontana Supreme Court · 1934
- In Re Estate of CullbergCalifornia Supreme Court · 1915
- Harley v. WilliamsMontana Supreme Court · 1915
- In Re Wah-Kon-Tah-He-Um-Pah's EstateSupreme Court of Oklahoma · 1924
31 more not listed; retrieve them via the Exa API.