Appleby v. Watkins
Supreme Court of Minnesota
Action in the district court for Ramsey county by plaintiff as one of the executors of the last will of Cornelia Day Wilder' Appleby, deceased, to obtain a judicial construction of the will. The case was tried before Bunn, J., who made an order dismissing the action for want of jurisdiction. From a judgment entered pursuant to the order, plaintiff appealed.
1Opinion of the CourtLewis, J.
This action was begun in the district court for Ramsey county by the filing of a complaint in the nature of a bill in equity to obtain a judicial construction óf the will of Cornelia Day Wilder Appleby, deceased, with reference to the right of Dr. Appleby to occupy the Sum*458mit avenue homestead, and to determine his interest in the $5,000 set apart for the payment of taxes and assessments, as provided by paragraph 12, and also to obtain a decision upon the validity of the gift for charitable purposes.
The learned trial court decided that the district court had no jurisdiction, for the reason…
2Cases cited9 opinions
- State ex rel. Martin v. UelandSupreme Court of Minnesota · 1883
- Youngson v. BondNebraska Supreme Court · 1903
- Brandes v. CarpenterSupreme Court of Minnesota · 1897
- Reischick v. RiegerNebraska Supreme Court · 1903
- Betcher v. BetcherSupreme Court of Minnesota · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Larson v. NelsonIllinois Supreme Court · 1911
- Hanson v. NygaardSupreme Court of Minnesota · 1908
- In Re Estate of PetersonSupreme Court of Minnesota · 1938
- Bronson v. JohnsonNorth Dakota Supreme Court · 1948
- Wilson ex rel. Mitchell v. EricksonSupreme Court of Minnesota · 1920
9 more not listed; retrieve them via the Exa API.