Holbrook v. Wightman
Supreme Court of Minnesota
Harriet E. Wightman died seized of an eighty-acre tract, which she occupied at the time of her death as a homestead. By her will, which was duly admitted to probate in Waseca county, she devised the tract to Joshua Holbrook, her father. The estate having been duly administered upon, the probate court made a final decree, assigning this tract to Joshua Holbrook.
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Harriet E. Wightman died seized of an eighty-acre tract, which she occupied at the time of her death as a homestead. By her will, which was duly admitted to probate in Waseca county, she devised the tract to Joshua Holbrook, her father. The estate having been duly administered upon, the probate court made a final decree, assigning this tract to Joshua Holbrook. Samuel Wightman, the husband of the deceased, appealed, upon questions of law alone, from this final decree, to the district court for Waseca county, where the decree of the probate court was reversed by Buckham, J., and judgment was…
1Opinion of the CourtVanderburgh, J.
The matter in controversy is the disposition of a farm of 80 acres of land, the homestead property of Harriet E. Wightman, deceased, which, shortly before her death, in 1880, she devised to her father, Joshua Holbrook, who appeals from the judgment' of the district court, adjudging the respondent, Samuel Wightman, the surviving husband, entitled to an estate for life therein. The questions presented are (1) whether, under the present statute, it is in the power of the owner to divest by will the interest of such survivor in the homestead; and (2) what is the nature and extent of the *169interest…
2Cases cited13 opinions
- Edward's Lessee v. DarbySupreme Court of the United States · 1827
- Skouten v. WoodSupreme Court of Missouri · 1874
- Wilder v. HaugheySupreme Court of Minnesota · 1874
- Day v. AdamsSupreme Court of Vermont · 1869
- Meech v. Estate of MeechSupreme Court of Vermont · 1865
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3Cited by15 opinions
- Walton v. WaltonCalifornia Court of Appeal · 1943
- Grace v. GraceSupreme Court of Minnesota · 1905
- Nordlund v. DahlgrenSupreme Court of Minnesota · 1915
- McLain v. MaricleNebraska Supreme Court · 1900
- Campbell v. MoranNebraska Supreme Court · 1904
10 more not listed; retrieve them via the Exa API.