In re the Probate of the Will of Brown
Supreme Court of Minnesota
Appeal by the contestants from a judgment of the district court for Le Sueur county, entered by direction of Edson, J., (before whom the action was tried without a jury,) reversing an order of the probate court, and allowing and admitting to probate, as the last will of John S. Brown, deceased, an instrument bearing date June 22, -1874, propounded for probate by the devisees and legatees named therein, and contested by the testator’s children.
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Appeal by the contestants from a judgment of the district court for Le Sueur county, entered by direction of Edson, J., (before whom the action was tried without a jury,) reversing an order of the probate court, and allowing and admitting to probate, as the last will of John S. Brown, deceased, an instrument bearing date June 22, -1874, propounded for probate by the devisees and legatees named therein, and contested by the testator’s children. An appeal in an earlier proceeding, in which a later will (bearing date August 25,1880) was refused probate, is reported, 32 Minn. 443.
1Opinion of the CourtCollins, J.
John S. Brown made the will in dispute June 22, 1874, and died in April, 1883. Upon an attempt to probate the will in Le Sueur county, it was contested upon the ground of alleged mental incapacity of the deceased, and of undue influence exercised by one of the legatees named in the will. On trial the court found for the contestants upon both grounds, and refused to admit the will to probate. Upon appeal to the district court, the decree of the probate court was reversed and set aside, and said will allowed and admitted to probate as the last will and testament of said deceased. From the…
2Cases cited1 opinion
- Chadwick v. CornishSupreme Court of Minnesota · 1879
3Cited by17 opinions
- Langford v. IssenhuthSouth Dakota Supreme Court · 1912
- Uhlman v. Farm, Stock & Home Co.Supreme Court of Minnesota · 1914
- Boynton v. SimmonsSupreme Court of Minnesota · 1923
- Wheeler v. McKeonSupreme Court of Minnesota · 1917
- Scott v. Prudential Insurance Co. of AmericaSupreme Court of Minnesota · 1940
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