Brookhouse v. Pray
Supreme Court of Minnesota
Appeal by plaintiff from a judgment of the district court for Hennepin county, entered pursuant to the findings and order of Willard R. Cray, J. The statute against lapses (G. S. 1894, § 4449) passed the legacy to the children of Daniel Brookhouse on the death of Samuel F. Pray, notwithstanding the fact that the legatee named, their father, died before the testator, and notwithstanding that the testator thought he might be dead and so stated in the bequest.
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Appeal by plaintiff from a judgment of the district court for Hennepin county, entered pursuant to the findings and order of Willard R. Cray, J. The statute against lapses (G. S. 1894, § 4449) passed the legacy to the children of Daniel Brookhouse on the death of Samuel F. Pray, notwithstanding the fact that the legatee named, their father, died before the testator, and notwithstanding that the testator thought he might be dead and so stated in the bequest. Nutter v. Vickery, 64 Me. 490, 498; Murphy v. McKeon, 53 N. J. Eq. 406, 409; Paine v. Prentiss, 5 Mete. (Mass.) 399; Jamison v. Hay, 46…
1Opinion of the CourtDouglas, J.
Action by plaintiff against the trustees of the last will and testament of Samuel F. Pray, deceased, and Frances J. Pray to construe the provisions of said will, and for other equitable relief. From the judgment of the court that plaintiff is not the owner of or entitled to receive a legacy devised to one Daniel Brookhouse by said will, and that Frances J. Pray is entitled to receive the same, plaintiff appeals.
Samuel F. Pray executed his last will and testament and also died during the month of August, 1896. A large number of bequests were made, and the will contained a general clause…
2Cases cited7 opinions
- Scofield v. OlcottIllinois Supreme Court · 1887
- In re Swenson's EstateSupreme Court of Minnesota · 1893
- Fox v. HicksSupreme Court of Minnesota · 1900
- Yates v. ShernSupreme Court of Minnesota · 1901
- Appeal of ReedSupreme Court of Pennsylvania · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lewis v. CorbinMassachusetts Supreme Judicial Court · 1907
- Buck v. HuntleySupreme Court of Minnesota · 1922
- Johrden v. PondSupreme Court of Minnesota · 1914
- In Re Estate of SherkSupreme Court of Minnesota · 1934
- Anderson v. BrowerSupreme Court of Minnesota · 1921
5 more not listed; retrieve them via the Exa API.