[Download] "Adair v. Schnack" by Supreme Court of Montana # Book PDF Kindle ePub Free

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eBook details

• Title: Adair v. Schnack
• Author : Supreme Court of Montana
• Release Date : January 23, 1945
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

1. Appeal and Error ? An appeal may be from part of judgment. An appeal will lie from part of a judgment divisible into parts and an appeal from an order allowing the executors costs for unsuccessfully defending a will contest and attorneys fees for special services in defense of the will contest was not permissible on ground that the transcript did not contain evidence upon which the order was made, where the appeal was based solely on questions of law. - Page 378 2. Executors and Administrators ? Disposition of estates assets controlled by statute. A disposition of assets of a decedent is controlled by statute, and the district courts power when sitting in probate matters cannot go beyond statutory provisions. 3. Statutes ? Special prevails over general. Where one statute deals with a subject generally and another specially, the special statute prevails over the general one. 4. Statutes ? Unambiguous statute needs no construction ? Different language used in same connection intends different meaning. When terms of a statute are unambiguous, the statute speaks for itself and there is nothing for the court to construe regardless of what might have been legislative thought and where different language is used in the same connection in different parts of a statute, it is presumed the Legislature intended a different meaning and effect. 5. Wills ? When will is revoked contestee entitled to "costs" only. Under a statute providing that, if a will in probate is confirmed, "fees and expenses" shall be paid by the party contesting, and that, if the probate is revoked, "costs" must be paid by the party who resisted the revocation or out of the property of the decedent as the court directs, the Legislature intended that, when the will is revoked, no liability should attach other than the costs, as judicially determined and defined by the Supreme Court. 6. Wills ? Attorneys fees paid by unsuccessful contestee not "costs." If contest of a will previously admitted to probate is successful, costs may be chargeable against the executor who resisted revocation or, in the discretion of the court, may be taken from the assets of the estate, but attorneys fees for services in defense of a will contest are not included within the term "costs", and hence such fees cannot be recovered from the estate.

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