Whitby v. Motz
Supreme Court of Minnesota
Ella Whitby petitioned the probate court for Wabasba county tbat in its final decree in the matter of the estate of George Motz, deceased, it assign to her such portion of the estate of decedent as though he had died intestate, petitioner being a daughter and having been omitted from the last will and testament of decedent, and it not appearing that such omission was intentional. Mary Motz, the executrix and residuary legatee of the estate, objected.
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Ella Whitby petitioned the probate court for Wabasba county tbat in its final decree in the matter of the estate of George Motz, deceased, it assign to her such portion of the estate of decedent as though he had died intestate, petitioner being a daughter and having been omitted from the last will and testament of decedent, and it not appearing that such omission was intentional. Mary Motz, the executrix and residuary legatee of the estate, objected. Ella Whitby, having been omitted from any share of the estate by the terms of the final decree, appealed therefrom to the district court for…
1Opinion of the Court
Taylor, C.
George Motz and the mother of appellant were married in 1885, and lived together as husband and wife until 1891 when they separated. Appellant was born a few months after the separation and is their only child. Subsequently Motz obtained a divorce on the ground of desertion, and, on September 14, 1897, married the respondent Mary Motz, with whom he lived until his death on August 9, 1911. He left a will by which he gave the respondent all his property except one horse. Appellant was not mentioned or referred to in the will. After it had been admitted to probate, appellant made an…
2Cases cited14 opinions
- In re the Estate of StevensCalifornia Supreme Court · 1890
- Coulam v. DoullSupreme Court of the United States · 1890
- In re Estate of GarraudCalifornia Supreme Court · 1868
- Lorieux v. KellerSupreme Court of Iowa · 1857
- Rhoton v. BlevinCalifornia Supreme Court · 1893
9 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Toombs v. DanielsSupreme Court of Minnesota · 1985
- Bakke v. BakkeSupreme Court of Minnesota · 1928
- Roots v. KnoxOregon Supreme Court · 1923
- In Re Estate of WunschSupreme Court of Minnesota · 1929
- Johnson v. SwensonSouth Dakota Supreme Court · 1930
11 more not listed; retrieve them via the Exa API.