Legal Opinion

Foster v. Dearborn

Supreme Court of Minnesota

Decided March 7, 1892PublishedCited by 38 opinions

Appeal by Ella Dearborn and James Hess, proponents of the will of Timothy Hess, deceased, from an order of the district court of Winona county, Start, J., made January 23, 1891, refusing a new trial in the matter of the probate of the will. Timothy Hess, deceased, made his will September 24, 1888, at the house of Theodore Searl, a justice of the peace, at Witoka, in Winona county, Minn.

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Appeal by Ella Dearborn and James Hess, proponents of the will of Timothy Hess, deceased, from an order of the district court of Winona county, Start, J., made January 23, 1891, refusing a new trial in the matter of the probate of the will. Timothy Hess, deceased, made his will September 24, 1888, at the house of Theodore Searl, a justice of the peace, at Witoka, in Winona county, Minn. Mr. Hess and Ella Dearborn, his daughter, came to Mr. Searl’s house at about eleven o’clock in the forenoon, and stayed until three o’clock in the afternoon. The daughter stated that her father had come to…

1Opinion of the CourtVanderburgh, J.

Timothy Hess, late of Winona county, died testate, in December, 1889, leaving, him surviving, five children, James Hess, Mrs. Ella Dearborn, Mrs. Mary Foster, Mrs. Emma Eyan, and Cornelius Hess. He was upwards of 70 years old. His will was executed September 24, 1888. In this will James Hess and Mrs. Ella Dearborn were named executors, and legacies of $50 each, only, were left to Mrs. Foster, Mrs. Eyan, and Cornelius Hess, a legacy of $500 to George Ford, a son of Mrs. Dearborn, and all the rest and residue of the estate of the deceased was given and devised to the executors, James Hess and…

2Cases cited6 opinions

  1. Cudney v. . CudneyNew York Court of Appeals · 1877
  2. Latham v. UdellMichigan Supreme Court · 1878
  3. In re the Probate of the Will of NelsonSupreme Court of Minnesota · 1888
  4. In re the Probate of the Will of StorerSupreme Court of Minnesota · 1881
  5. Mitchell v. MitchellSupreme Court of Minnesota · 1890

1 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Ginter v. GinterSupreme Court of Kansas · 1909
  2. Manatt v. ScottSupreme Court of Iowa · 1898
  3. Fischer v. SperlSupreme Court of Minnesota · 1905
  4. Smith v. HenlineIllinois Supreme Court · 1898
  5. Vannest v. MurphySupreme Court of Iowa · 1907

33 more not listed; retrieve them via the Exa API.

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