Montgomery v. Gilbert

This is an appeal from a decree of dismissal of plaintiff’s bill in equity entered in the court below following trial upon the merits.

Plaintiff-appellant filed his bill attacking, upon grounds of fraud, certain “orders, judgments and decrees” of the district court of Beaverhead county, Mont., in connection with the administration of the estate of William Montgomery, deceased. The bill was filed by appellant as a citizen of the state of Idaho, shortly after he had reached his majority, in the year 1931.

Appellant is the youngest child of the decedent, and is one of the devisees under his father’s will. Other devisees or legatees are the widow, two sons and four daughters of the decedent. Of these, the two sons and two of the daughters are not named as defendants in the complaint, nor is the omission accounted for therein. In his brief appellant states that the two daughters, Frances and Anna, died before the legacies matured. No explanation appears why the two other sons were not made parties defendant. William George, one of the sons, testified at the trial.

In our view of the case, it is not necessary to consider the merits of the controversy either as set forth in the…