WEBER'S ESTATE v. CHRISTENSEN

No. 8747.

340 P.2d 1091 (1959)

In the Matter of ESTATE of Philip P. WEBER, Deceased, and Trusteeship Created under Will of Said Deceased, E. M. Flohr and A. F. Bittrick, Trustees, Plaintiffs-Appellants, v. Marian S. CHRISTENSEN, A. W. Ensign, Jr., John F. Ensign, Margaret E. Davies, John Weber, Lynda C. Weber and Nell Wentz, as Administratrix of the Estate of Munro Wentz, deceased, Defendants-Respondents.

Supreme Court of Idaho.

July 2, 1959.


Attorney(s) appearing for the Case

Eugene F. McCann, Chas. E. Horning, Wallace, for appellants.

Brown & Peacock, Kellogg, George R. Kneeland, Hailey, Kendrick Johnson, Reno, Nev., for respondents.

Richards, Haga & Eberle, Boise, amicus curiae.


PORTER, Chief Justice.

In the year 1934, Philip P. Weber and Lucy Weber, were husband and wife. They had been married many years and were living in Shoshone County. He was 75 years of age and she was 67 years of age. They had no children and the father and mother of each of them were dead. At that time Philip P. Weber had one living brother and one living sister. His four other brothers and sisters had died, three of them leaving descendants.

On April 4, 1934...

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