Staubitz v. Lambert
Supreme Court of Minnesota
The defendant, as administrator of the estate of Mary C. Breg, deceased, filed his final account as such administrator in the probate court for Bamsey county, and the account was settled and allowed by that court on March 30, 1896. On the same day a decree of distribution assigned the real and personal property of the intestate to her six nephews and nieces by name, one-sixth to each.
Read the full summary
The defendant, as administrator of the estate of Mary C. Breg, deceased, filed his final account as such administrator in the probate court for Bamsey county, and the account was settled and allowed by that court on March 30, 1896. On the same day a decree of distribution assigned the real and personal property of the intestate to her six nephews and nieces by name, one-sixth to each. From this final decree and order Theodor Staubitz and Maria Catherine Manckel, two of the heirs-at-law of the deceased, appealed to the district court for Ramsey county. The appeal was heard in the district…
1Opinion of the CourtStart, C. J.
Appeal from the judgment of the district court affirming the order of the probate court allowing the final account of the administrator and its decree of distribution in the matter of the estate of Mary C. Breg, deceased.
1. As to the order allowing the administrator’s account, the record is anomalous. What purports to be the fourth finding of fact by the trial court is in these words:
“(4) That, as to the order allowing the administrator’s final account, no notice of appeal was served or filed within the time prescribed by law, and said appeal was properly disallowed by the probate court on…
2Cases cited3 opinions
- Snow v. SnowMassachusetts Supreme Judicial Court · 1873
- Conant v. KentMassachusetts Supreme Judicial Court · 1881
- Baker v. BourneIndiana Supreme Court · 1891
3Cited by7 opinions
- Benson v. BensonSupreme Court of Minnesota · 1923
- In Re Trust Estate of ThompsonSupreme Court of Minnesota · 1938
- Swenson v. LewisonSupreme Court of Minnesota · 1916
- In Re Reil's EstateIdaho Supreme Court · 1949
- In Re Estate of GalbraithSupreme Court of Minnesota · 1941
2 more not listed; retrieve them via the Exa API.