Finn v. Walsh
North Dakota Supreme Court
Appeal from District Court, Grand Forks county; Templeton, Judge. Final accounting of M. J. Moran, as testamentary administrator of Martin A. .Walsh, deceased. From the decree of distribution entered, John Walsh and others appealed to the district court, where the decree of the county court was reversed; and Mary E. Finn and another and the administrator appeal.
Read the full summary
Appeal from District Court, Grand Forks county; Templeton, Judge. Final accounting of M. J. Moran, as testamentary administrator of Martin A. .Walsh, deceased. From the decree of distribution entered, John Walsh and others appealed to the district court, where the decree of the county court was reversed; and Mary E. Finn and another and the administrator appeal. The functions of probate courts are limited to administration and devolution of property; the right of decedent to property as against third parties, their rights as against his representatives, a're to be tried by courts of general…
1Opinion of the CourtFisk, J.
The facts necessary to a correct understanding of the questions involved on this appeal are not in dispute and are briefly as follows: On or about November 13, 1904, one Martin A. Walsh died testate, and in his will, dated March 25, 1903, he bequeathed all his property to appellants, Mary E. Finn, and Mary M. Carney, share and share alike, and he attempted thereby to bequeath to them the proceeds of two certain mutual benefit certificates hereinafter mentioned. The testator owned no real property and but a small amount of personalty at the time of his death. By his will he nominated and…
2Cases cited26 opinions
- In Re the Probate of the Will of WalkerNew York Court of Appeals · 1892
- Splawn v. ChewTexas Supreme Court · 1883
- Fink v. . FinkNew York Court of Appeals · 1902
- Supreme Conclave v. CappellaU.S. Circuit Court for the District of Eastern Michigan · 1890
- In re Estate of HaasCalifornia Supreme Court · 1893
21 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Farmers State Bank v. SmithNorth Dakota Supreme Court · 1917
- Lapland v. StearnsNorth Dakota Supreme Court · 1952
- Muhlhauser v. BeckerNorth Dakota Supreme Court · 1948
- Jorgensen v. DevineyNorth Dakota Supreme Court · 1928
- Reichert v. ReichertNorth Dakota Supreme Court · 1919
22 more not listed; retrieve them via the Exa API.