Kersten v. Kersten
Supreme Court of Minnesota
Action in the district court for Carver county to recover $8,000, plaintiff’s share in certain mortgages assigned by John Kersten, his father, to his stepmother. The complaint alleged that defendant was appointed administratrix of her husband’s estate by the probate court of Carver county, but she failed to inventory the mortgages or cash belonging to the estate, and that there were no other persons than plaintiff and defendant interested in the estate.
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Action in the district court for Carver county to recover $8,000, plaintiff’s share in certain mortgages assigned by John Kersten, his father, to his stepmother. The complaint alleged that defendant was appointed administratrix of her husband’s estate by the probate court of Carver county, but she failed to inventory the mortgages or cash belonging to the estate, and that there were no other persons than plaintiff and defendant interested in the estate. The answer set up the proceedings in the probate court in the settlement of the estate of John Kersten, deceased, and alleged that plaintiff…
1Opinion of the Court
[Jaggard, J.]1
This action is brought by plaintiff and appellant, stepson of the defendant and respondent, against her to recover a share of described real estate mortgages. Plaintiff is the only child of his father, John Kersten, deceased, the husband of Anna Kersten, defendant. The final decree in his estate was entered on August 21, 1909. One controversy here involved is whether the mortgages were properly transferred to the defendant, Anna Kersten. Prior to his death/ John Kersten duly assigned them to her. The question then arises whether the assignments were delivered.
Plaintiff has…
Also in this document: Per curiam.
2Cases cited4 opinions
- Lewis v. BuckSupreme Court of Minnesota · 1862
- McManaman v. HinchleySupreme Court of Minnesota · 1901
- Phillips v. BlakerSupreme Court of Minnesota · 1897
- First National Bank v. PopeSupreme Court of Minnesota · 1902
3Cited by3 opinions
- Hatlestad v. Mutual Trust Life Insurance Co.Supreme Court of Minnesota · 1936
- Dorsey v. DorseySupreme Court of Minnesota · 1919
- Larson v. TwetenSupreme Court of Minnesota · 1932