Armstrong v. Armstrong
Supreme Court of Minnesota
Appeal by plaintiff, George 0. Armstrong, from an order of the District Court of Eamsey County, William Louis Kelly, J., made March 22, 1893, denying his motion for a new trial. George W. Armstrong of St. Paul died testate July 1, 1877. His will was admitted to probate in Ramsey County Probate Court, and his estate, both real and personal, was on September 25, 1878, by order of distribution, awarded by that court to the trustees named in the will.
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Appeal by plaintiff, George 0. Armstrong, from an order of the District Court of Eamsey County, William Louis Kelly, J., made March 22, 1893, denying his motion for a new trial. George W. Armstrong of St. Paul died testate July 1, 1877. His will was admitted to probate in Ramsey County Probate Court, and his estate, both real and personal, was on September 25, 1878, by order of distribution, awarded by that court to the trustees named in the will. Its appraised value was $110,000. They accepted the trust, but subsequently resigned, and the St. Paul Title Insurance and Trust Company was…
1Opinion of the CourtGilfillan, C. J.
Assuming that the interests or estates of the children of the testator in the estate left by him are remainders, then they come under the classification of contingent remainders. A remainder is contingent while the person to whom, or the event upon which, it is limited to take effect remains uncertain. 1878 G. S. ch. 45, § 13. The estate, real and personal, is devised and bequeathed to the trustees, to be held for the benefit of the wife during her lifetime, “and after her death for the benefit of my children, (or their survivors,) in the proportion that each would be entitled to under…
2Cases cited1 opinion
- Van Auken v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1893
3Cited by4 opinions
- Johrden v. PondSupreme Court of Minnesota · 1914
- Levings v. First National Bank & Trust Co.Supreme Court of Minnesota · 1934
- Minnesota Debenture Co. v. DeanSupreme Court of Minnesota · 1902
- In Re Trust Under the Will of HoltCourt of Appeals of Minnesota · 1992