Tomlinson v. Phelps
Supreme Court of Minnesota
Upon the petition of plaintiffs the probate court for Hennepin county, on December 21, 1903, made an order vacating in part and amending a final decree of distribution entered therein on September 11, 1895, in the matter of the estate of Willis Phelps, deceased, from which order defendants appealed to the district court for said county.
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Upon the petition of plaintiffs the probate court for Hennepin county, on December 21, 1903, made an order vacating in part and amending a final decree of distribution entered therein on September 11, 1895, in the matter of the estate of Willis Phelps, deceased, from which order defendants appealed to the district court for said county. The case was tried before Willard R. Cray, J., who found in favor of defendants’and directed that the order of the probate court be reversed and the cause remanded with instructions to dismiss the petition. From an order denying a motion for a new trial,…
1Opinion of the CourtLewis, J.
In 1881 Willis Phelps, a resident of Springfield, Massachusetts, executed his last will and testament which made various devises to his relatives, and contained the following provision:
Authority is given to my executors to sell and dispose of any and all of my real estate in the state of Massachusetts, and to invest the proceeds.
At the time of his decease the testator left certain real estate in Minneapolis, Minnesota, and a decree of distribution was issued out of the probate court of Hennepin county in 1895, in which the court found that it was the testator’s intention to establish an…
2Cases cited1 opinion
- Gallagher v. Irish-American BankSupreme Court of Minnesota · 1900
3Cited by17 opinions
- Savela v. EricksonSupreme Court of Minnesota · 1917
- Wilson v. City of Fergus FallsSupreme Court of Minnesota · 1930
- In Re Estate of SimonSupreme Court of Minnesota · 1932
- Connelly v. Carnegie Dock & Fuel Co.Supreme Court of Minnesota · 1921
- In Re Estate of KoffelSupreme Court of Minnesota · 1928
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