[DOWNLOAD] "State Ex Rel. Oneil v. District Court Et Al." by Supreme Court of Montana # eBook PDF Kindle ePub Free

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eBook details

• Title: State Ex Rel. Oneil v. District Court Et Al.
• Author : Supreme Court of Montana
• Release Date : January 19, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Supervisory Control ? Estates of Deceased Persons ? Modification of Decree of Distribution ? Improper Refusal of Court to Take Jurisdiction ? Setting Aside Decree for Fraud ? Remedy Suit in Equity. Executors and Administrators ? Decree of Final Distribution of Estate ? Modification for Mistake and Inadvertence. 1. Notwithstanding the provision of section 10328, Revised Codes 1921, that a decree directing the distribution of the property of an estate is conclusive unless reversed, set aside or modified on appeal, the district court may set it aside under section 9187 on a showing by an aggrieved party that it had been taken against him through his mistake, surprise, inadvertence or excusable neglect. Statutes Dealing With Same Subject, One in General Way and One More Specifically ? Manner of Construction. 2. Where one statute deals with a subject in general and comprehensive terms, and another deals with the same subject in a more minute and definite way, the two must be read together and harmonized, if possible. Executors and Administrators ? Modification of Decree of Distribution ? Notice to Purchaser of Interest of Heir. 3. One acquiring the interest of an heir in an estate at execution sale is entitled to no other notice of a proceeding instituted for the modification of the decree of distribution of the property of the estate than is required to be given to the heir to whose rights he succeeded, i.e., by posting or publication (sec. 10330, Rev. Codes 1921), such notice serving the purpose of a summons in ordinary actions. Same ? Decree of Distribution ? Setting Aside for Fraud ? Remedy by Suit in Equity. 4. A decree of distribution of property of an estate may not be set aside on the ground of fraud or other irregularity under section 9187, Revised Codes 1921; the remedy of the aggrieved party being by suit in equity. Same ? Improper Refusal of Court to Take Jurisdiction of Petition for Modification of Decree of Distribution ? Supervisory Control. 5. Held, on application for writ of supervisory control, that the district court erred in refusing to take jurisdiction of a petition to set aside a decree of distribution based upon section 9187, Revised Codes 1921, authorizing vacation of a judgment for mistake, inadvertence, etc., within six months after its rendition. - Page 394

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