The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1896-06-02
SHE sues HERSELF
A CaSa From Silver Bow County Tha
Is Unique
THE WILL OF G. W. PHILLIPS
Four Opinions BY the Supreme
Court Which Closes is March
Term 90 The Case from
Moagher County.
Special Dispatch to the standard.

Special Dispatch 10 the Standard
Helena. June 1.-The supreme court
closed the March term to-day by hand
Ing down four opinions. one case de-
cided was a unique action from Silver
Bow county In which Mrs. Anne VI.
Phillips was both plaintiff and defend-
ant. Mrs. Phillips. who is the widow of
the late Dr. George W. Phillips Of
Walkerville. sued herself as executrix
OF the will OF her husband 10 recover
about $500 paid out by her for funeral
and burial expenses OF her husband.
The court disallowed the amounts and
she commenced this action. The judg-
ment court decided that she could not,
In her Individual capacity, sue herself
as executrlx. The supreme court af-
firmed the Judgment Of the district
court saying. In an opinion by Judge
Hunt, that she could not be both
plaintiff and defendant in the same
lawsuit. and that. on principal, the law
would not permit a person to submit
himself to the temptation OF being In
jury TO beneflciaries OF his trust to
help himself. The court further says
that VI was doubtless correct that Mrs.
Phillips had a remedy. but that IL was
by a proceeding different from this ac-
tion. The opinion closed by saying that
she should be allowed a reasonable
sum for money paid for a burial lot
and the funeral OF her husband. The
Judgment Is affirmed
The other cases decided were: In the
matter OF the estate OF George NJ.
Phillips. Mrs. Phillips. as exocutrix.
appeals from an order OF par.lu dis
tributlon of her husbands estate. y ads
by the district court OF Silver Bow
A. hat sn ~.
estate was distributed she would rot
get the money paid out by her for fu-
neral expenses. and what was due To
her by way OF family allowances. This
court says that her appeal. being taken
as executrlx, matters which affect her
Individual rights as legatee. are not
to be decided
As executrlx she has not cause OF
complaint. for II Is shown by the re-
ports on file that she has money
enough In her hands 20 pay the lega-
tees expenses OF administration and
TO award her family allowance. II she
is entitled thereto under the law. The
supreme court says that. as she has
not good ground OF complaint as exec
utrix, her action must be dismissed
opinion by Justice Hunt.
William Parberry. respondent. Va
the Woodson Sheep company ct al. de-
PENDANTS. and the First National bank
Of White Sulphur Springs. intervenor
and appellant; from Meagher county.
Parberry sued defendants by attach
ment on promissory notes for 33s,763.a
He alleged he had no security. while
the bank, as interv enor in the suit that
followed, claimed that NJ had 125.L0
shares OF defendant companys ST. ck
as security. The bank also claimed
that notes sued on by plaintiff were
executed for stock sold 10 the company
by Parberry. The district court found
that the plaintiff had no security for
the notes and that the notes sued an
were not executed for the stock of the
company purchased by the company Cf
the plaintiff The supreme cour. holds
that the findings OF the district ceurt
were amply supported by the evidence
and are decisive of the case on It's msr-
its. The Judgment Is affirmed. OWN
/ ion by Chief Justice Pemberton.
w. j. Sweeney. treasurer, responds
ent. VS. J. d. Schlessinger ct al, appel
iants: from Lewis and Clarke. This IS
an appeal from judgment rendered
upon pleadings and from an order re-
/ fusing To open the default Of one VI tte
defendants. The supreme court ef-
firms judgment. opinion By Justice
/ Dewitt