[DOWNLOAD] "Morrow v. Diefenderfer" by Supreme Court of Wyoming # eBook PDF Kindle ePub Free

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eBook details

• Title: Morrow v. Diefenderfer
• Author : Supreme Court of Wyoming
• Release Date : January 19, 1963
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

A nephew of Alf Diefenderfer, deceased, on behalf of himself and others similarly situated challenged the constitutionality of § 2-47, W.S. 1957, after the executor of Diefenderfers surviving spouse had elected to take under the provisions of the statute in lieu of the will. Plaintiff filed a motion for summary judgment supported by affidavit, and on hearing the trial judge found there was no genuine issue of material fact, concluding as a matter of law that § 2-47 and its predecessors (§ 1, c. 204, S.L. of Wyoming, 1957; § 1, c. 21, S.L. of Wyoming, 1919; § 1, c. 149, S.L. of Wyoming, 1915) were invalid and void because the purported amendments to the statute were not within the purview or germane to the original Act and were contrary to the provisions of Art. 3, § 24, Wyo.Const. The court decreed that neither the defendant, as executor, nor the estate of the surviving spouse, nor her heirs, devisees, or legatees, were entitled to share in the distribution of Alf Diefenderfers estate. The main question is the sufficiency of the titles to the respective amendments within the constitutional provision.

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