Jones v. Jones
Supreme Court of Minnesota
Four children of John P. Jones, deceased, petitioned the probate court for the county of Blue Earth to set apart to them, and to Henry Jones, certain lands as the homestead of said deceased. The petition was granted, Torrey, J., and Henry Jones appealed to the district court for that county from the order granting the petition. In the district court the matter was tried, upon stipulated facts, before Severance, J., who reversed the order of the probate court.
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Four children of John P. Jones, deceased, petitioned the probate court for the county of Blue Earth to set apart to them, and to Henry Jones, certain lands as the homestead of said deceased. The petition was granted, Torrey, J., and Henry Jones appealed to the district court for that county from the order granting the petition. In the district court the matter was tried, upon stipulated facts, before Severance, J., who reversed the order of the probate court. From an order of the district court denying a new trial, petitioners appealed. A surviving wife entitled to hold the homestead cannot…
1Opinion of the CourtCollins, J.
We are again called upon to construe the provisions of G. S. 1894, § 4470. John P. Jones died testate, in 1889, the owner of a farm of 160 acres, of which 80 acres was his statutory homestead. His wife survived him, as did five children. The latter had attained their majority long prior to their father’s decease. The will was duly probated in 1890, and, in accordance with its terms, one-half of all of the decedent’s property was assigned and decreed unto the widow for the term of her natural life, with the remainder over to a son, Henry Jones; while the other half, except the sum of $600,…
2Cases cited1 opinion
- Radl v. RadlSupreme Court of Minnesota · 1898
3Cited by8 opinions
- State ex rel. Minnesota Loan & Trust Co. v. Probate CourtSupreme Court of Minnesota · 1915
- Estate of Nordquist v. SahlbomSupreme Court of Minnesota · 1911
- Mechling v. McAllisterSupreme Court of Minnesota · 1917
- Tracy v. TracySupreme Court of Minnesota · 1900
- Howe Lumber Co. v. ParkerSupreme Court of Minnesota · 1908
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