Washburn v. Van Steenwyk
Supreme Court of Minnesota
Cadwallader C. Washburn, of La Crosse, Wisconsin, died May 14, 1882, having made his last will on December 13, 1881, in which he named the respondents Gysbert Yan Steenwyk, Charles Payson and Charles J. Martin as his executors.
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Cadwallader C. Washburn, of La Crosse, Wisconsin, died May 14, 1882, having made his last will on December 13, 1881, in which he named the respondents Gysbert Yan Steenwyk, Charles Payson and Charles J. Martin as his executors. The will was proved in Wisconsin July 5, 1882, and was admitted to probate in Plennepin county, in this state, on August 28, 1882, and the executors named in the will were duly appointed and qualified as executors, and received letters testamentary, in each of these states. The testator never resided in Minnesota. He left a widow, the appellant Jeanette Washburn, and…
1Opinion of the CourtDickinson, J.
In determining the rights of the widow of the testator in lands in Minnesota, which he by will devised to others, we shall have occasion to consider the statute controlling the descent of real property in this state; whether this statutory law of descent is-subject tobe affected by the equitable doctrine of election, as between an estate conferred by the law and provision made by will in lieu of such estate; whether this case is one to which this doctrine is applicable; and whether an effectual election has been exercised on the part of the widow, of a nature to bar her statutory right.
Althoug…
2Cases cited19 opinions
- United States v. FoxSupreme Court of the United States · 1877
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- Taylor v. TaylorSupreme Court of Minnesota · 1865
- Tobias v. . KetchumNew York Court of Appeals · 1865
- Van Steenwyck v. WashburnWisconsin Supreme Court · 1884
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3Cited by52 opinions
- In re Donges's EstateWisconsin Supreme Court · 1899
- Morris v. American Family Mutual Insurance Co.Supreme Court of Minnesota · 1986
- Boeing v. OwsleySupreme Court of Minnesota · 1913
- Gau v. HylandSupreme Court of Minnesota · 1950
- Thomas v. WoodsCourt of Appeals for the Eighth Circuit · 1909
47 more not listed; retrieve them via the Exa API.