Halde v. Schultz

Citations

• 17 S.D. 465
• 97 N.W. 369
• 1903 S.D. LEXIS 78

Syllabus

<p>1. Under Rev. Prob. Code, § 346, granting the right to appeal to any person aggrieved by the action of the county court in admitting or refusing probate of a will, an executor is entitled to appeal.</p> <p>2. Non-expert witnesses are competent to give their opinion as to the mental condition of testatrix in a proceeding contesting the probate of the will on the ground of unsoundness of mind at the time of making the will.</p> <p>3. The interest of a divorced husband, in the estate of his divorced wife, contingent on the death of their minor child, is not sufficient to authorize him to contest her will, under Rev. Prob. Code, § 43, permitting contest onlj by a person interested.</p> <p>4. Under Rev. Civ. Code, §§ 107-127, relating to the custody and control of minor children and their property, the divorced husband of testatrix, the latter of whom was awarded the custody of their minor child on divorce being granted, is not authorized to contest hoi' will, under Rev.' Prob. Code, § 43, permitting contest only by a person interested, since he had no control over the property of the child before,-the divorce proceedings, and no interest thereafter in the property of the wife pr child, except such as was contingent on the death of the child.'</p>