Legal Opinion

Greenwood v. Murray

Supreme Court of Minnesota

Decided July 8, 1881PublishedCited by 9 opinions

Meliza J. Miller died May 15, 1872, leaving a will, by which she ■devised to defendant Murray certain real estate in the city of St. Paul, in trust to sell the same five years after her decease, and pay the proceeds to certain persons, in the manner stated in the opinion.

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Meliza J. Miller died May 15, 1872, leaving a will, by which she ■devised to defendant Murray certain real estate in the city of St. Paul, in trust to sell the same five years after her decease, and pay the proceeds to certain persons, in the manner stated in the opinion. On July 13, 1874, the probate court of Eamsey county, where the will was proved, on the application of Murray, as executor, and after notice given in the manner stated in the opinion, made a final decree, assigning this real estate to Murray, in trust, under the will. Plaintiff, as assignee of William H. Stewart and William…

1Opinion of the CourtClark, J.

When this case was before this court upon demurrer to "the complaint, it was held that the decree of the probate court, assigning to the defendant Murray the real estate described in the will of Meliza J. Miller, in trust, for the purpose of the will, was effectual to establish the trust, although it was originally void. Greenwood v. Murray, 26 Minn. 259. For the purpose of that decision, the decree was treated as valid, it having been alleged in the complaint to be so. The defendants subsequently answered, putting in issue the "validity of the decree, and the trial of this, among other…

2Cases cited5 opinions

  1. Greenwood v. MurraySupreme Court of Minnesota · 1879
  2. Spencer v. SheehanSupreme Court of Minnesota · 1872
  3. Dayton v. MintzerSupreme Court of Minnesota · 1876
  4. Wood v. MyrickSupreme Court of Minnesota · 1871
  5. Eisman v. PoindexterIndiana Supreme Court · 1876

3Cited by9 opinions

  1. In re Swenson's EstateSupreme Court of Minnesota · 1893
  2. St. Louis Union Trust Co. v. LittleSupreme Court of Missouri · 1928
  3. McNamara v. CasserlySupreme Court of Minnesota · 1895
  4. King County v. City of SeattleWashington Supreme Court · 1941
  5. Edwards v. StultsNew Jersey Court of Chancery · 1925

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