State ex rel. Beals v. Probate Court
Supreme Court of Minnesota
Certiorari to the probate court of Ramsey county. Philip Goldsmith died in 1863, domiciled in Philadelphia, Pa., leaving a will whereby he devised all his estate, real and personal, to his wife, E. Sarah Goldsmith, and appointed her his executrix. His will was proved in the probate court in the city of Philadelphia, and letters testamentary were issued to the executrix.
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Certiorari to the probate court of Ramsey county. Philip Goldsmith died in 1863, domiciled in Philadelphia, Pa., leaving a will whereby he devised all his estate, real and personal, to his wife, E. Sarah Goldsmith, and appointed her his executrix. His will was proved in the probate court in the city of Philadelphia, and letters testamentary were issued to the executrix. The testator left real estate in Ramsey county, but no personalty in this state, and on October 22, 1863, his executrix filed in the probate court of that county a duly authenticated copy of his will and probate, from the…
1Opinion of the CourtGileillan, C. J.
Under the laws of this state, the estates of deceased persons, testate or intestate, are subject to the payment of their debts in the course of administration provided by statute. The difference between personal and real estate as assets for this purpose is that the title to the former *25vests in the executor or administrator, and it may be disposed of by him without the order or license of the probate court, and it is the primary fund for payment of debts, while the title to real estate vests in the heir or devisees, and it is the secondary fund, to be resorted to only after the personal…
2Cases cited2 opinions
- Stone v. WoodIllinois Supreme Court · 1854
- Alston v. MunfordU.S. Circuit Court for the District of Virginia · 1814
3Cited by21 opinions
- Knutsen v. KrookSupreme Court of Minnesota · 1910
- Fischer v. SklenarNebraska Supreme Court · 1917
- National Surety Corporation of New York v. EllisonCourt of Appeals for the Eighth Circuit · 1937
- Noon v. FinneganSupreme Court of Minnesota · 1882
- Bengtson v. SetterbergSupreme Court of Minnesota · 1949
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