(Download) "In re Yergy's Estate" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: In re Yergy's Estate
- Author : Supreme Court of Montana
- Release Date : January 02, 1938
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
Submitted April 20, 1938. Wills — Husband and Wife — Granting of Life Estate to Widow — Extent of Enjoyment of Property Under Terms of Will — Appeal. Wills — Granting Life Estate in Widow — Termination of Life Estate — Remaindermen Claiming Interests — Appeal — Dismissal of Appeal as not Taken from Final Judgment or Order — Denial of Motion. 1. Where, under the terms of a will, the widow of decedent was granted a life estate in all of his property, and upon her death the remaindermen petitioned for termination of the life estate and, pending such termination, in an intermediary proceeding against the executor of the widow's separate estate asked the court to determine whether certain expenditures made by the widow during her enjoyment of the life estate were properly chargeable to such estate or to her own personal estate, and the court without objection to the irregular mode of procedure pursued determined the matter, the remaindermen were in no position to urge dismissal of the appeal of the executor taken from the ""judgment and order"" of the court which in effect amounted to a distribution of a part of the estate of the deceased husband and as such was appealable under section 9731, subdivision 3, Revised Codes, on the ground that the appeal was not from a final judgment or order; in any event the motion came too late. Same — Life Estate in Widow — Extent of Enjoyment of Estate in Holder of Estate. 2. Under a will bequeathing and devising to testator's widow all of his property of whatever kind and description during her life, with power to sell or hypothecate it to the same effect as if she were the sole owner thereof, with the sole exception that she should not make any testamentary disposition of the remainder, the widow held to have had the right to use the funds of such estate for the employment of a bookkeeper and manager of her own private property, the life estate by such employment having contributed to her enjoyment thereof as intended by the testator. Same — Repairs of Real Property of Widow Held in Own Right not Chargeable to Life Estate. 3. Under the terms of the above will, cost of repairs and betterments of the wife's individual real property which had been admittedly improperly charged to the life estate granted her, the court properly ordered the amount so charged retransferred to the estate of the remaindermen for distribution to them in accordance with the testator's will.
 "In re Yergy's Estate" by Supreme Court of Montana # Book PDF Kindle ePub Free){kind=link}