Schmitz v. Martin
Supreme Court of Minnesota
Action in the district court for Le Sueur county to set aside a decree of the probate court for that county. The facts are stated in the opinion. The case was tried before Tifft, J., who made findings and ordered judgment in favor of plaintiff. From an order denying the motion of the substituted defendant for a new trial, he appealed.
1Opinion of the CourtHallam, J.
Michael Schmitz was for many years a resident farmer of Le Sueur county.. In 1882 he made a will in which he gave his farm to his wife, Anne Mary, for life, and on her death to their son, Paul, and their daughter, Agnes, share and share alike. Michael died in October, 1898. About 1911 Paul died. In October, 1912, Agnes, then Agnes Martin, presented her father’s will for probate, procured it to be probated and procured a final decree of the probate court, assigning the land, subject to the mother’s life estate, in equal proportions to herself and to her mother, on the theory evidently that the…
2Cases cited5 opinions
- Greenwood v. MurraySupreme Court of Minnesota · 1879
- Ladd v. WeiskopfSupreme Court of Minnesota · 1895
- Savela v. EricksonSupreme Court of Minnesota · 1917
- Leighton v. BruceSupreme Court of Minnesota · 1916
- Robinson v. ThomsonSupreme Court of Minnesota · 1917
3Cited by13 opinions
- Halloran v. BLUE AND WHITE LIBERTY CAB CO. INC.Supreme Court of Minnesota · 1958
- In Re Trusteeship Under Last Will of RosenfeldtSupreme Court of Minnesota · 1932
- Pitts v. PittsSupreme Court of Florida · 1935
- Bengtson v. SetterbergSupreme Court of Minnesota · 1949
- In Re Estate of SimonSupreme Court of Minnesota · 1932
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