<p>1. Courts: County Courts: Jurisdiction. The county court has exclusive, original jurisdiction of the probate of wills and the settlement of estates, and its final orders within its jurisdiction are binding upon all parties and not subject to collateral attack.</p> <p>2. -; Appellate Jurisdiction: Settlement op Estate: Parties. An order of tbe county court in the settlement of an estate, hy which distribution is made of the assets, is appealable to the district court; the proceeding being in rem,'all persons interested in the assets are parties. If A asks for an order of distribution that will exclude B from participation in the assets, he cannot afterwards object to the appearance of B to protect his interest in the county court, or afterwards upon appeal to the district court.</p> <p>3. Charities: Enforcement: Attorney General. A public charity is a public benefit, and the attorney general, upon request of the governor, may, represent the public in giving force and effect to such charity when its interests are not otherwise adequately-represented.</p> <p>4. Attorney and Client: Authorization op Attorney. When it is the duty of the attorney general to appear in an action or legal proceeding, he may authorize other members of the bar to appear for him, and pleadings or other papers executed in his name by responsible members of the bar of this court will not be disregarded upon the sole ground that the attorney general must appear in person, and with no suggestion that such appearance was not duly authorized.</p> <p>5. Wills: Bequest: CONSTRUCTION. A bequest in the following words: “I hereby will, devise and bequeath to the executors of this my last will and testament fifty thousand dollars in trust to purchase a site and build thereon a home for poor working girls, expending not more than one-half of said sum for the purchase of said site and erecting a building thereon and investing the balance in interest-bearing securities and applying the interest derived therefrom to the support of the said charity,” is sufficiently specific to establish a public charity.</p> <p>6.-: Construction. When there are inconsistent and irreconcilable provisions in a will, the latest is generally supposed to express the intention of the testator. This rule, however, does not apply to ambiguous or apparently inconsistent words in the same sentence or provision.</p> <p>7.-: -. A clause or provision of a will must, if possible, be so construed as to give effect to the intention of the testator. If doubtful or ambiguous words, in their ordinary literal sense, appear to be .inconsistent with plain and unambiguous language in the same clause or sentence, such words will be so construed, if reasonably possible, as to render the whole clause or sentence intelligible and consistent.</p>
Good law ✅— No negative treatment on recordhow we know
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶2I concur in this dissent upon the ground that the application to intervene was not made within the time required by the section of the statute quoted in the dissenting opinion, and therefore the attorney general never had any right to be heard. The statute is plain that intervention must begin in the court of original jurisdiction, and cannot be allowed in an appellate court to which, after judgment, the cause has been appealed. Having had no standing in the district court, the intervention has none here.
¶3As to whether it was the purpose of the testator to *679create a public or private charity, I do not find it necessary to express an opinion. As applied to this case, the authorities are not entirely harmonious.
