Legal Opinion

Malchow v. Malchow

Supreme Court of Minnesota

Decided June 13, 1919No. 21,233PublishedCited by 34 opinions

Margaret Malebow elected not to take under the will of her husband, Friedrich Malchow, and appealed from an order of the probate court for Jackson county disallowing her application to take under the statute and from an order refusing her a widow’s allowance for maintenance.

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Margaret Malebow elected not to take under the will of her husband, Friedrich Malchow, and appealed from an order of the probate court for Jackson county disallowing her application to take under the statute and from an order refusing her a widow’s allowance for maintenance. The appeals were heard in the district court for that county before Dean, J., who found that the antenuptial agreement between the parties was a valid, existing and binding contract; that she was not entitled to~receive any part of, the estate of her deceased husband, Friedrich Malchow, except the sum of $2,000, and…

1Opinion of the Court

Lees, C.

On February 23, 1909, Friedrich Malehow, a widower 65 years old, and appellant, a widow of 53, were married. He was the father of 12 children, and she the mother of 8. Both were engaged in farming, he in Jackson county, Minnesota, and she in Barron county, Wisconsin. Theii acquaintance began in December, 1908, when he came to her home with a neighbor who introduced them. He remained one day and they talked of marriage, but she told him she did not want to leave her farm as there were debts against it. About two weeks later he returned and spent another day at her home. There was…

2Cases cited16 opinions

  1. Johnston v. . SpicerNew York Court of Appeals · 1887
  2. Appleby v. Estates of ApplebySupreme Court of Minnesota · 1907
  3. Fischer v. SperlSupreme Court of Minnesota · 1905
  4. Graham v. . GrahamNew York Court of Appeals · 1894
  5. Bibelhausen v. BibelhausenWisconsin Supreme Court · 1915

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

3Cited by34 opinions

  1. Peckham v. JohnsonCourt of Appeals of Texas · 1936
  2. Estate of Serbus v. SerbusSupreme Court of Minnesota · 1982
  3. Seitz v. Union Brass & Metal Manufacturing Co.Supreme Court of Minnesota · 1922
  4. Scheele v. Union Loan & Finance Co.Supreme Court of Minnesota · 1937
  5. Smith v. Benefit Assn. of Railway EmployeesSupreme Court of Minnesota · 1932

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

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