Kemp v. Holz
Supreme Court of Minnesota
Action in the district court for Winona county for a decree to compel defendant to disclose the amount of money or other property in his hands belonging to the estate, and to pay the same to plaintiff. The case was tried before Childress, judge of the Fifth judicial district sitting as judge of the Third ..judicial district, who made findings and dismissed the action. Plaintiff’s motion for amended findings was denied.
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Action in the district court for Winona county for a decree to compel defendant to disclose the amount of money or other property in his hands belonging to the estate, and to pay the same to plaintiff. The case was tried before Childress, judge of the Fifth judicial district sitting as judge of the Third ..judicial district, who made findings and dismissed the action. Plaintiff’s motion for amended findings was denied. From the judgment entered- pursuant to the order for judgment, plaintiff appealed.
1Opinion of the CourtHolt, J.
The administrator of the estate of Fred Holz, deceased, sued defen*238dant, alleging that Fred Holz died on November 28, 1918, leaving property; that plaintiff has been unable to find any belonging to the estate; that Anna Fleischfresser, a daughter of the deceased and a sister of defendant, made an agreement with deceased in 1912, under which he should live and board with her and pay ten dollars a month at his death; that he died without paying her; that she presented a claim therefor against the estate, which defendant contested in the probate court, but it was allowed in the sum of $810; that…
2Cases cited4 opinions
- Thysell v. McDonaldSupreme Court of Minnesota · 1916
- McLeod v. Hennepin County Savings BankSupreme Court of Minnesota · 1920
- Threlkel v. ScottCalifornia Supreme Court · 1891
- Bennett v. SchusterSupreme Court of Minnesota · 1878
3Cited by2 opinions
- Irvine v. HelveringCourt of Appeals for the Eighth Circuit · 1938
- State v. CampbellCourt of Appeals of Minnesota · 2008