Legal Opinion

Schleiderer v. Gergen

Supreme Court of Minnesota

Decided April 30, 1915No. Nos. 19,196-(96)PublishedCited by 13 opinions

Nicholas B. Gergen petitioned the probate court for Dakota county to admit to probate the last will and testament of Maria Latto, deceased. From the order of that court admitting the will to probate, Sebastian Schleiderer appealed to the district court for the county. The appeal was heard before Hodgson, J., who made findings and reversed the order of the probate court.

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Nicholas B. Gergen petitioned the probate court for Dakota county to admit to probate the last will and testament of Maria Latto, deceased. From the order of that court admitting the will to probate, Sebastian Schleiderer appealed to the district court for the county. The appeal was heard before Hodgson, J., who made findings and reversed the order of the probate court. From an order denying his motion to set aside the order for judgment and for judgment in his favor, or for a new trial, Johnson, J., Nicholas Gergen appealed.

1Opinion of the CourtHallam, J.

Budolph Latto died in 1901, leaving an estate worth approximately $180,000. His wife, Maria Latto, was the principal beneficiary under the will. In April, 1911, Maria. Latto, then 78 years old, made a will disposing of part of her property. She never disposed of the balance. In September, 1912, she died and her will was presented to the probate court for probate. No objection was made and it was admitted to probate. Thereafter respondent, a half brother of deceased, appealed to the district court. That court, after a trial upon objection there interposed, held the will invalid, on the ground…

2Cases cited10 opinions

  1. Slaughter v. HeathSupreme Court of Georgia · 1907
  2. Ring v. LawlessIllinois Supreme Court · 1901
  3. Spratt v. SprattMichigan Supreme Court · 1889
  4. In re WillWisconsin Supreme Court · 1901
  5. Trish v. NewellIllinois Supreme Court · 1871

5 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. In Re Estate of ForsytheSupreme Court of Minnesota · 1946
  2. In re the Estate of JernbergSupreme Court of Minnesota · 1922
  3. In Re Walther's EstateOregon Supreme Court · 1945
  4. In Re Estate of OlsonSupreme Court of Minnesota · 1948
  5. In Re Estate of LangerSupreme Court of Minnesota · 1942

8 more not listed; retrieve them via the Exa API.

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