Montana labor news., 1945-05-31
DECISIONS of the Montana
Supreme Court
For Week Ending May 26, l94s

May 23rd-In the Matter of the Estate
Of Joseph Kesl. deceased. Appealed from
Rosebud County, Forsyth. opinion of
the court prepared by District Judge F.
S. P. Foss. sitting in place Of Justice
Hugh R. Adair, disqualified. Judge c.
E. Conner sat in place of Justice Albert
H Angstman disqualified. Justice c. F.
Morris dissented.
HELD. Joseph Kesl died and his
named executor we're granted letters
testamentary. will contest was iasti-
Luted by some heirs which resulted in
revocation of the will An administrator
was appointed and claim was presented
to him for the special and extraordinary
services performed by an attorney en-
ployed by the executors in defending the
Will contest. The district court allowed
The claim and on an appeal from that
order the Supreme Court reversed the
order holding that the estate may not
be charged with the attorneys fees in
CURED by reason of an unsuccessful at
tempt by the executors to defend a will
contest
May 2Srd-Sanford R Davis VS.. The
Park Securities Corporation. Appealed
from Park County Livingston. Unani-
NOUS opinion Of the Court prepared by
Justice Hugh r. Adair
HELD: Davis sued the Park securi-
ties Corporation for a percentage Of
royalty payments received by the de-
fendant from certain dredging opera
tions. The basis of the claim was a
brokers' contract in which Davis alleges
that he procured the operator for this
dredging operation. A demurrer was
sustained to the complaint, judgment
was entered for defendant, and upon
appeal the Supreme Court held that the
complaint was sufficient as against a
general demurrer and the judgment vas
reversed with directions to the district
court to overrule the demurrer.
May 25th-Marie Maynard VS.. City Of
Helena Appealed from Lewis and Clark
County, Helena. Unanimous opinion of
the court prepared by District Judge c.
E. Conner, sitting in place of Justice
Hugh R. Adair, disqualified. District
Judge F. S. P. Foss sat in place of JUS
tice Albert H. Angstman, also disquali-
fled.
HELD: James M Lewis, minor, was
killed when he rode a bicycle over an
| embankment on a sharp curve in one Ci
the streets of Helena. His administra-
trix sued the City of Helena alleging
negligence on the part of the city in
failure to erect a barrier at the point
in question and failure to warn the de-
ceased of the dangerous condition Of the
corner. The jury found for the plain.
tiff and awarded $1,000 damages The
Supreme Court affirfed the Judgment.
May 26th-George w. Rist VS.. ToOlt
County. Appealed from Toole county
Shelby opinion of the Court prepared
by Chief Justice Howard A. johnson
Justice Albert H. Angstman dissented.
HELD: That transfer Of a royalu
interest in gas and oil to be produced
and saved did not constitute a convey
ance of fractional mineral title in tn
land itself, so as to be taxable separate
ly from the land, but that it was al
interest dependent upon the fee-simpl
title and would be lost by tax deed t,
the land
May 26th-Godfrey Johnson VS. Lloyt
c. Ogle. Appealed from Lake County
Poison opinion of the Court prepare
by Justice C. F. Morris Jstices Alber
H. Angstman and Hugh r. Adair spe
cially concurring.
\ HELD: johnson sued Ogle in LAX
County on a brokers' contract involyin
the sale Of certain lands in Lake County
Cgle moved for a change Of vanue. Th
district court denied the motion an
upon appeal the Supreme Court affirme
the action of the district court. Tn
basis of the holding was that it wa
incumbent upon the defendant Ogle t
show that the contract sued on was NO
to be performed in Lake County wher
the action was commenced, and this h
did not do.
Prepared and released by Peter Melol
marshal, Montana Supreme Court.