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eBook details

• Title: In Re Sullivans Estate
• Author : Supreme Court of Montana
• Release Date : January 04, 1941
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

Executors and Administrators ? Objections to Final Account ? New Trial ? Appeal from Order Abolished ? Dismissal of Appeal ? Motion for New Trial Does not Extend Time for Taking Appeal from Original Adjudication. Executors and Administrators ? Wills ? Testatrix Seeking by Will to Dispose of Joint Survivorship Bank Account Vested in Survivor ? Holding of Trial Court in Favor of Survivor Held Supported by Facts and Law. 1. Where testatrix about two years prior to her death had, by agreement with her daughter signed by both, made a bank account a joint survivorship account whereunder, upon the death of either, it should become the property of the survivor, and some two months before her death she made a will signed by her mark by which she sought to bequeath the account to the daughter and a son jointly, and the son as executor listed the account as part of the estate, although he failed to list an account in another bank standing in his name and that of the testatrix jointly under substantially the same circumstances, and nothing was made to appear at a hearing of the executors final account and petition for distribution and objections thereto that the daughters right to the joint account first above mentioned had not fully vested, holding of the district court that such joint account was not part of the estate, held not open to the objection of the executor on motion for new trial that it was not sustained by the facts and the law. Same ? Final Account and Petition for Distribution ? Objections ? New Trial ? Newly Discovered Evidence ? Insufficient Affidavits. 2. Affidavits filed by an executor in support of his motion for a new trial of objections to his final account and petition for distribution - Page 520 on the ground of newly discovered evidence, all of which were made by parties interested in the estate and none of which disclosed that the alleged new evidence had been discovered after the original hearing, held insufficient, the presumption flowing from the fact of their interest in the matter being otherwise. Same ? Appeal from New Trial Order ? Abolished ? Dismissal of Appeal. 3. In view of subdivision 2, section 9731, Revised Codes, by which the legislature omitted orders denying new trials from the list of appealable orders, of section 9745, expressly abolishing appeals from such orders, and of section 10366, making the latter provision applicable to probate proceedings, an appeal from an order denying a new trial of objections to an executors final account and his petition for distribution of the estate in his charge does not lie. New Trial ? Motion Does not Extend Time for Taking Appeal from Original Adjudication. 4. A motion for a new trial does not extend the time in which to appeal from the original adjudication of which a new trial is sought.

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