Schmidt v. Schmidt
Supreme Court of Minnesota
An instrument executed March 24,1890, was admitted to probate in Dakota county as the last will of Gottfried Schmidt, late of that county, against the objections of Anna Maria Schmidt, his widow, and the devisees under an earlier will.
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An instrument executed March 24,1890, was admitted to probate in Dakota county as the last will of Gottfried Schmidt, late of that county, against the objections of Anna Maria Schmidt, his widow, and the devisees under an earlier will. The contestants appealed, on questions of law and fact, to the district court for the same county, where their motion that certain questions as to the execution of the will, the competency of the testator, and as to fraud and undue influence be submitted to a jury was denied, and the cause was tried by Crosby, J., who found the instrument to be the last will of…
1Opinion of the CourtMitchell, J.
The principal question in this case is whether, upon an appeal to the district court from an order of the probate court admitting or refusing to admit a will to probate, a party has. a constitutional right to a trial by jury of the issues as to the validity of the proposed will. The validity of the will which the probate court admitted to probate in this case was contested on the grounds (1) that it was never properly executed; (2) that the testator was not, at the time of its execution, of sound and disposing mind; (3) that its execution was procured by the undue influence of certain of the…
2Cases cited8 opinions
- Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
- State ex rel. Clapp v. Minnesota Thresher Manufacturing Co.Supreme Court of Minnesota · 1889
- Whitney v. TwomblyMassachusetts Supreme Judicial Court · 1883
- Board of County Commissioners v. MorrisonSupreme Court of Minnesota · 1875
- In re the Probate of the Will of NelsonSupreme Court of Minnesota · 1888
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3Cited by45 opinions
- Ginter v. GinterSupreme Court of Kansas · 1909
- Stormon v. WeissNorth Dakota Supreme Court · 1954
- McKeand v. JonesMichigan Supreme Court · 1915
- Olson v. Synergistic Technologies Business Systems, Inc.Supreme Court of Minnesota · 2001
- Langford v. IssenhuthSouth Dakota Supreme Court · 1912
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