Legal Opinion

Barber v. Bowen

Supreme Court of Minnesota

Decided August 21, 1891PublishedCited by 5 opinions

On October 1, 1868, Alfred H. Barber, a resident of New Jersey, died intestate and seized of certain land in Ramsey county, described in the complaint. He left surviving him his widow, the defendant Eebeeca H. Barber, and the plaintiffs, Thomas S. and Alfred N. Barber, his sons, the former being then three years, and the latter one year, of age.

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On October 1, 1868, Alfred H. Barber, a resident of New Jersey, died intestate and seized of certain land in Ramsey county, described in the complaint. He left surviving him his widow, the defendant Eebeeca H. Barber, and the plaintiffs, Thomas S. and Alfred N. Barber, his sons, the former being then three years, and the latter one year, of age. On May 29, 1883, the defendant Edgar C. Bowen was, by the probate court of Ramsey county, on petition of the widow, appointed administrator of the decedent’s estate, and qualified as such, and received his letters, and issued a notice to creditors to…

1Opinion of the CourtCollins, J.

1. It has not been contended by the respondents that the claim presented by the widow, passed upon by the judge of the probate court, and allowed against the estate of Alfred H. Barber, ■deceased, was a proper one for allowance in that proceeding. The larger portion of it, at least, was a claim against the estate of his minor sons and heirs, these plaintiffis, and not a claim against the ■estate then being probated. But, notwithstanding this, its allowance by the court had the effect of a judgment. It was not appealed from and is conclusively binding upon all persons interested in the estate.…

2Cases cited6 opinions

  1. Allen v. GilletteSupreme Court of the United States · 1888
  2. Culver v. HardenberghSupreme Court of Minnesota · 1887
  3. Nofsinger v. HartnettSupreme Court of Missouri · 1884
  4. State ex rel. Beals v. Probate CourtSupreme Court of Minnesota · 1878
  5. State ex rel. Dana v. Probate CourtSupreme Court of Minnesota · 1889

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

3Cited by5 opinions

  1. Carpenter & Carpenter, Inc. v. KinghamWyoming Supreme Court · 1941
  2. Turner v. KirkwoodCourt of Appeals for the Tenth Circuit · 1931
  3. McCord v. KnowltonSupreme Court of Minnesota · 1900
  4. Janney v. Minneapolis Industrial ExpositionSupreme Court of Minnesota · 1900
  5. Brown v. McGrawWest Virginia Supreme Court · 1925

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