Will v. Sisters of the Order of St. Benedict
Supreme Court of Minnesota
Appeal by Frederick J. Will from an order of the district court for Stearns county, Searle, J., denying a motion for a new trial. The recital at the beginning of tbe will proves tbe incompetency of testatrix. Sbe makes ber will because a law of tbe order commands it. To this order sbe is bound by a solemn vow. Sbe does not state that sbe is of sound and disposing mind and memory, etc. No individual can be a member of this order and at tbe same time be a free moral agent.
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Appeal by Frederick J. Will from an order of the district court for Stearns county, Searle, J., denying a motion for a new trial. The recital at the beginning of tbe will proves tbe incompetency of testatrix. Sbe makes ber will because a law of tbe order commands it. To this order sbe is bound by a solemn vow. Sbe does not state that sbe is of sound and disposing mind and memory, etc. No individual can be a member of this order and at tbe same time be a free moral agent. Tbe will whereby sbe transferred ber property was dictated by tbe order. That there was to be no mistake the entire will…
1Opinion of the CourtCanty, J.
The deceased, M. Julia Will, died in August, 1894. For 14 years prior to her death she had been a member of the Sisters of the Order of St. Benedict, a religious order incorporated under the laws of this state. In October, 1893, she made a will devising her property to this corporation. Her brother and only heir appeared in the probate court, and opposed the application to probate the will. His objections were overruled, and the will allowed. He appealed to the district court, where the contest was tried by the court without a jury, and the will was again allowed. From an order denying his…
2Cases cited2 opinions
- Quinn v. ShieldsSupreme Court of Iowa · 1883
- In re Holt's WillSupreme Court of Minnesota · 1893
3Cited by2 opinions
- State ex rel. Sisters of the Order of St. Benedict v. WillrichSupreme Court of Minnesota · 1898
- CoySupreme Judicial Court of Maine · 1927