Wellner v. Eckstein
Supreme Court of Minnesota
Action in the district court for Nicollet county by the minor chil-l dren of John Wellner, deceased, by their guardian, to secure a de-l cree adjudging that defendants hold the legal title to the land ini dispute as trustees ex malefirio for the benefit of the plaintiffs, and| that plaintiffs are the owners thereof, one of the grantors of the defendants, the mother of the plaintiffs, having murdered her husbandl to acquire title to the real estate involved.
Read the full summary
Action in the district court for Nicollet county by the minor chil-l dren of John Wellner, deceased, by their guardian, to secure a de-l cree adjudging that defendants hold the legal title to the land ini dispute as trustees ex malefirio for the benefit of the plaintiffs, and| that plaintiffs are the owners thereof, one of the grantors of the defendants, the mother of the plaintiffs, having murdered her husbandl to acquire title to the real estate involved. From an order, Olsen J., sustaining a demurrer to the complaint on the ground that the facts were not sufficient to constitute a cause of…
1Opinion of the CourtLewis, J.
On January 1, 1899, and for some years prior thereto, John Well-ner and Emelie Wellner were husband and wife and residents of the county of Nicollet. On the day named he died intestate, the owner of a farm, of which eighty acres was their homestead, leaving him surviving his widow, Emelie Wellner, and two, minor children, the plaintiffs herein. Thereafter such proceedings were duly had and taken in the probate court of the county of Nicollet that a final decree was duly made and entered by and in such court on November 11, 1899, whereby the homestead was duly assigned to the widow for her…
2Cases cited1 opinion
- State ex rel. Union National Bank v. Probate CourtSupreme Court of Minnesota · 1908
3Cited by18 opinions
- Schmucking v. MayoSupreme Court of Minnesota · 1931
- Bryant v. . BryantSupreme Court of North Carolina · 1927
- Wall v. PfanschmidtIllinois Supreme Court · 1914
- Price v. HitafferCourt of Appeals of Maryland · 1933
- Kokesh v. PriceSupreme Court of Minnesota · 1917
13 more not listed; retrieve them via the Exa API.