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In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.
Lyeth v. Hoey, 305 U.S. 188 (1938), is a United States Supreme Court case in which the Court held that property received by an heir under a settlement agreement resolving a dispute over the decedent's will is property acquired by "inheritance," which exempts the value of such property from the income tax.
Rule 19 of the Supreme Court Rules allows for the certification of legal questions to the United States Supreme Court. The rule provides that "a United States court of appeals may certify to this Court a question or proposition of law on which it seeks instruction for the proper decision of a case. The certificate shall contain a statement of ...
The probate court takes stock of the estate and any outstanding debts. If there is a will, the court will determine if the will is valid and execute the will via a legal proceeding.”
In nearly all of the cases heard by the Supreme Court, the Court exercises the appellate jurisdiction granted to it by Article III of the Constitution. This authority permits the Court to affirm, amend or overturn decisions made by lower courts and tribunals. Procedures for bringing cases before the Supreme Court have changed significantly over ...
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law.
The Judicial Code (28 U.S.C. § 671) provides that the clerk is appointed, and may be removed, by order of the Supreme Court. The clerk's duties are prescribed by the statute and by Supreme Court Rule 1, and by the court's customs and practices. The clerk of the Supreme Court is a court clerk.
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review ...