(Download) "Brion v. Brown" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Brion v. Brown
- Author : Supreme Court of Montana
- Release Date : January 12, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
PLEADING ? EXECUTORS AND ADMINISTRATORS ? EVIDENCE ? WITNESSES ? TRIAL. 1. Pleading ? Amendment of pleadings. Under the statute, pleadings may always be amended within the sound judicial discretion in furtherance of justice. 2. Executors and Administrators ? Filing claims and actions on rejectment. To expedite the closing of a decedents estate, claims are to be filed within four months after the first publication of notice to creditors and actions must be brought on rejected claims within 90 days of rejection. 3. Executors and Administrators ? Limitation of recovery. A claimant can recover only on the claim which was presented to the personal representative and not on a cause of action not included therein. 4. Executors and Administrators ? Variance with claim ? No recovery allowed. Where action was brought to enforce a rejected claim for monthly wages against estate of deceased allegedly unpaid for seven years and complaint to enforce claim was founded on an implied contract to pay an hourly wage and both claim and complaint rested on quantum meruit, and at trial plaintiff stood on such theory but was allowed to introduce testimony supporting a contract to deed or devise, there was a fatal variance and recovery should have been denied. 5. Pleading ? Preclusion order. Where further bill of particulars was not responsive to the order of the court therefor, a preclusion order would have been proper upon a timely pre-trial application. 6. Executors and Administrators ? Admitting inventory and appraisement improper. In action based upon a deceaseds obligation to pay debt for services - Page 357 where ownership of the deceaseds real property was not in issue, admitting an inventory and appraisement was improper over the objection of irrelevance. 7. Evidence ? Relevancy. Generally whatever naturally and logically tends to establish a fact in issue is relevant and that which fails to qualify is not relevant. 8. Executors and Administrators ? Limitation of action. In an action on a claim for personal services rendered the deceased, entering judgment on a claim partially within the statute of limitations was error. 9. Witnesses ? "Judicial discretion." In action on a claim for personal services against the estate of deceased, admitting testimony under the justice exception to the deadmans statute was a matter of "judicial discretion" defined as discerning the course prescribed by law.
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