Swenson v. Lewison
Supreme Court of Minnesota
Samuel Lewison, administrator of the estate of John Swenson, deceased, petitioned the probate court for Yellow Medicine county for an order settling his account as such administrator and directing him to distribute the estate to the heirs at law of decedent. From the decision of the probate court, Joseph O. Swenson, Samuel J. Swenson and Minnie Kingston appealed to the district court for that county.
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Samuel Lewison, administrator of the estate of John Swenson, deceased, petitioned the probate court for Yellow Medicine county for an order settling his account as such administrator and directing him to distribute the estate to the heirs at law of decedent. From the decision of the probate court, Joseph O. Swenson, Samuel J. Swenson and Minnie Kingston appealed to the district court for that county. The appeal was heard upon stipulated facts by Qvale, J., who made findings and affirmed the decree of the probate court. From the judgment entered pursuant to the .findings, Joseph C. Swenson,…
1Opinion of the Court
Taylor, C.
John Swenson died intestate, leaving him surviving neither issue, spouse, father, mother, brother nor sister. He was survived by six children of one deceased brother; by six children of a second deceased brother; by two children of a third deceased brother, and by a child of a deceased daughter of the third brother.
The only question presented is whether his nephews and nieces take per capita or per stirpes; whether his estate descends in equal shares to all the children of his deceased brothers (the issue of á deceased child taking the share of its parent), or whether one-third of…
2Cases cited4 opinions
- State v. StroscheinSupreme Court of Minnesota · 1906
- State v. Minneapolis Milk Co.Supreme Court of Minnesota · 1913
- Williams v. ReidSupreme Court of Minnesota · 1915
- Staubitz v. LambertSupreme Court of Minnesota · 1897
3Cited by8 opinions
- In Re Estate of CravensSupreme Court of Minnesota · 1929
- Maud v. CatherwoodCalifornia Court of Appeal · 1945
- Benson v. BensonSupreme Court of Minnesota · 1923
- In Re Estate of GalbraithSupreme Court of Minnesota · 1941
- Town of Iona v. County of ToddSupreme Court of Minnesota · 1916
3 more not listed; retrieve them via the Exa API.