In re the Estate of Gragg
Supreme Court of Minnesota
Levi Gragg (whose residence is not disclosed by the record) died intestate in 1868, seized in fee of real estate in Dakota county, and leaving a widow and several children.
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Levi Gragg (whose residence is not disclosed by the record) died intestate in 1868, seized in fee of real estate in Dakota county, and leaving a widow and several children. No administration was applied for until, in the latter part of 1879, the appellants Spaulding and Marfield applied, as creditors, to the probate court of that county, for the appointment of an administrator.' Notice of the application was given by publication only, and the attorney of the applicants was appointed administrator. Thereupon an order was made and published fixing March 18, 1880, for the hearing of claims…
1Opinion of the Court
Gilfillan, C. J.1
This is an appeal from an order of the district court, reversing, on appeal, an order of the probate court, refusing to vacate its previous order allowing certain claims against the estate of Levi Gragg, deceased. The probate court appears to have refused to vacate the order, not upon the merits of the application, but upon the proposition that it had no power to vacate it. Whatever doubt might previously have existed as to the probate court having the power to vacate, in certain cases, its judgment or order, was removed by the sixth subdivision of Gen. St. 1878, o. 49, § 13,…
2Cases cited1 opinion
- Butterfield v. FarnhamSupreme Court of Minnesota · 1872
3Cited by9 opinions
- In Re Estate of DanielSupreme Court of Minnesota · 1940
- State ex rel. Lindekugel v. Probate Court of Sibley CountySupreme Court of Minnesota · 1885
- Savela v. EricksonSupreme Court of Minnesota · 1917
- Levi v. LonginiSupreme Court of Minnesota · 1901
- In Re Estate of HenrySupreme Court of Minnesota · 1940
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