Samuel Blatchford

Name: Bent v. Thompson — Opinion of the Court
Author: Samuel Blatchford

Summary

“Bent v. Thompson — Opinion of the Court”, is a work by Samuel Blatchford. It explores elements such as probate, New Mexico and Alfred Bent.

Quotes from Bent v. Thompson — Opinion of the Court (Samuel Blatchford)

Samuel Blatchford, Bent v. Thompson — Opinion of the Court

“ The complaint of the petition was that neither the petitioner, nor Charles Bent, nor Alberto Slas Bent had any notice of the intention to present the will for probate, and were not present or heard. The supreme court held that the civil law was in force in New Mexico, and it examined the provisions thereof in regard to proving a will, and arrived at the conclusion that any person interested could have a will probated, without notice to the heirs or other interested parties, it being required only that witnesses should be summoned, and only one form of probate being prescribed. ”

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Source: Wikisource

Samuel Blatchford, Bent v. Thompson — Opinion of the Court

“ When any probate judge shall doubt whether any testamentary disposition as those mentioned in section 1446 ought to be approved on account of the want of any solemnity as aforesaid, in case that such should be the opinion of any judge of probate, he shall immediately return to the person who may have applied for the approval of such document, the testament, codicil, or any other testamentary disposition which may have been placed in his hands for the approval thereof, noting at the foot of said document the positive reasons on which he founds his opinion for refusing his approval. ”

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Source: Wikisource

Samuel Blatchford, Bent v. Thompson — Opinion of the Court

“ The only question presented for consideration is whether, under the laws of the territory of New Mexico, a judgment of a probate court in that territory admitting a will to probate can be annulled by the same court in a proceeding instituted by an heir more than twenty years after the original judgment was rendered and more than four years after the heir became of age. ”

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Source: Wikisource

Samuel Blatchford, Bent v. Thompson — Opinion of the Court

“ It shall be the duty of any person to whom may have been returned a document, such as are mentioned in this act, to present the same to the district court of their respective county at the first regular term of said court; and it shall be legal for said court to examine such documents, together with the observations submitted by the probate judge who may have refused his approval; and it shall be the duty of the said district court, at the same term, to declare the validity or nullity of such documents, and to return the same, after making its decision, to the party interested. ”

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Source: Wikisource

Samuel Blatchford, Bent v. Thompson — Opinion of the Court

“ Justice BRADLEY, said: 'From a review of the entire past legislation of congress on the subject under consideration, our conclusion is that the practice, pleadings, and forms and modes of proceeding of the territorial courts, as well as their respective jurisdictions, subject, as before said, to a few express or implied conditions in the organic act itself, were intended to be left to the legislative action of the territorial assemblies, and to the regulations which might be adopted by the courts themselves. ”

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Source: Wikisource

Samuel Blatchford, Bent v. Thompson — Opinion of the Court

“ In addition to the foregoing may be mentioned the following, by which all laws in force in New Mexico touching wills, if any, additional to those contained in Velarde's treatise, were continued in force until supplanted by legislation: 'ALL LAWS HERETOFORE IN FORCE IN THIS TERritOry, which are not repugnant to or inconsistent with the constitution of the United States and the laws thereof, or the statute laws in force for the time being, shall be the rule of action and decision in this territory.' Kearny Code 1846, tit. ”

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Source: Wikisource

Samuel Blatchford, Bent v. Thompson — Opinion of the Court

“ Those founded upon accounts and unwritten contracts; those brought for injuries to property, or for the conversion of personal property, or for relief upon the ground of fraud; and all other actions not herein otherwise provided for and specified,-within four years.' Sec. ”

Samuel Blatchford

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Quotes from Bent v. Thompson — Opinion of the Court (Samuel Blatchford)

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