United States Supreme Court Cases & Opinions

U.S. Supreme Court

Bent v. Thompson, 138 U.S. 114 (1891)

Bent v. Thompson

No. 1282

Submitted January 7, 1891

Decided January 28, 1891

138 U.S. 114

Syllabus

Under the laws of the Territory of New Mexico, a judgment of a probate court in 1867 admitting a will to probate cannot be annulled by the same court, in a proceeding instituted by an heir more than twenty years

Page 138 U. S. 115

after the judgment was rendered and more than four years after the heir became of age.

Under the "laws of Velarde," which, under the provisions of the Kearny Code, remained in force in that territory until modified by statute, the practice and procedure of the probate courts were matters of statutory regulation, the probate judge had jurisdiction to admit wills to probate by receiving the evidence of witnesses, and his judgment was valid, and, although reviewable on appeal, was conclusive unless appealed from and reversed.

The case is stated in the opinion.