Legal Opinion

In re How

Supreme Court of Minnesota

Decided December 14, 1894No. 9035PublishedCited by 15 opinions

Appeal by the First National Bank of St. Paul, the First National Bank of Shakopee, and John Woodruff, creditors of Mary M. How, insolvent, from au order of the District Court of Scott County, Frances Cadwell, J., made April 24, 1894, allowing her as exempt $ 15,800 insurance money due her from assessment life insurance companies.

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Appeal by the First National Bank of St. Paul, the First National Bank of Shakopee, and John Woodruff, creditors of Mary M. How, insolvent, from au order of the District Court of Scott County, Frances Cadwell, J., made April 24, 1894, allowing her as exempt $ 15,800 insurance money due her from assessment life insurance companies. On February 17, 1894, Mary M. How being insolvent made an assignment under Laws 1881, ch. 148, as amended, of all her nonexempt property to Orrin Kipp in trust for the equal benefit of all her creditors. He accepted the trust. She held and owned a policy of life…

1Opinion of the CourtCanty, J.

On February 24,1894, Mary M. How, being insolvent, made an assignment for the benefit of her creditors under the insolvency laws of this state.

A short time prior to this, her husband, David L. How, died. His life was insured in eight different mutual benefit associations or insurance companies for the total aggregate amount of $15,800, she being the beneficiary entitled to all of said insurance. She listed all of these insurance claims in her inventory, but claims all of them as exempt, and so claimed them in said inventory. The assignee, on notice to her and her creditors, petitioned the…

2Cases cited3 opinions

  1. Barton v. DrakeSupreme Court of Minnesota · 1875
  2. Cogel v. MickowSupreme Court of Minnesota · 1866
  3. Brown v. BalfourSupreme Court of Minnesota · 1891

3Cited by15 opinions

  1. In Re HaggertySupreme Court of Minnesota · 1989
  2. In Re TvetenSupreme Court of Minnesota · 1987
  3. ESTATE OF JONES BY BLUME v. KvammeSupreme Court of Minnesota · 1995
  4. Skinner v. HoltSouth Dakota Supreme Court · 1896
  5. Farmers State Bank v. SmithNorth Dakota Supreme Court · 1917

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