Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 18

Reports of Cases Argued and Determined in the Supreme Court of the State of Montana from December Term 1868, to Volume 18

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...has no cause of complaint. In her objections she states that, by her final report filed, the balance in her hands is $9,659.05. Of this amount $4,100 was ordered distributed to the legatees under the will, leaving in her hands $5,559.05. This $5,559.05 is suflicient to cover $2,000 payable to the widow by the eighth clause of the will, besides all expenses of administration, and will still leave enough to cover the claim of the widow for a reasonable family allowance, if, by the statute, she is entitled to the same. As executrix, therefore, ' Mrs. Phillips is not aggrieved. One of the appellant's objections particularly set forth, is that she had presented her final account as executrix, but the same had not been acted upon by the court; hence it could not be known what amount remained in the hands of the executrix subject to distribution, nor what amount should be paid to the several legatees under the will. This is answered by the record fact that the respondents only asked a partial distribution, as contemplated by law, and were only awarded a partial distribution upon giving bond to the executrix to indemnify the estate. Presumably the court made the decree upon a showing which warranted the order. If appellant were correct, and partial distribution can only be had after final accounts are allowed, there would be no use of the proceeding for a partial distribution, and the benefits of the statutes might be entirely lost. It was to avoid, the hardship often incident to the long delays of the final accounting that, upon a suflicient showing, partial distribution might be had. The next principal objection made by the executrix is that an action was pending against the executrix to recover the sum of $2,521.25 for moneys paid...
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Product details

  • Paperback | 236 pages
  • 189 x 246 x 13mm | 426g
  • United States
  • English
  • Illustrations, black and white
  • 1236787129
  • 9781236787125