In re the Estate of Gotzian
Supreme Court of Minnesota
The will of Adam Gotzian, late of the county of Eamsey, deceased, was duly proved and his estate administered in the probate court of that county, and application was made for a final decree of assignment and distribution. At the hearing of the application, the testator’s widow claimed to be entitled to the provision made for her by the will, and also to her statutory share (one-third) of the testator’s real estate.
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The will of Adam Gotzian, late of the county of Eamsey, deceased, was duly proved and his estate administered in the probate court of that county, and application was made for a final decree of assignment and distribution. At the hearing of the application, the testator’s widow claimed to be entitled to the provision made for her by the will, and also to her statutory share (one-third) of the testator’s real estate. The probate court held that she could take no more than the will gave her, and entered a decree accordingly. The widow appealed to the district court, where the appeal was heard…
1Opinion of the CourtVanderburgh, J.
By the statute in relation to the descent of real property, one equal undivided third of the lands (exclusive of the homestead) of which the testator, Adam Gotzian, was at any time during coverture seized, and to the disposition of which his surviving .wife had not duly assented, but subject to its just proportion with the other real estate to the payment of such debts of the deceased as were not paid by his personal estate, descended to and became vested in the respondent, his widow, upon his decease, subject to be defeated by her election to accept the provisions of his will in her favor if…
2Cases cited10 opinions
- Savage v. . BurnhamNew York Court of Appeals · 1858
- Williamson v. WilliamsonNew York Court of Chancery · 1837
- Morrison v. BowmanCalifornia Supreme Court · 1865
- Lord v. LordSupreme Court of Connecticut · 1854
- In Re the Distribution of the Surplus Money Arising Upon the Sale of the Real Estate of ZahrtNew York Court of Appeals · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Allen v. BrandeisCourt of Appeals for the Eighth Circuit · 1928
- Staigg v. AtkinsonMassachusetts Supreme Judicial Court · 1887
- In Re Estate of PaulsonSupreme Court of Minnesota · 1940
- McGowan v. BaldwinSupreme Court of Minnesota · 1891
- Fairchild v. MarshallSupreme Court of Minnesota · 1889
18 more not listed; retrieve them via the Exa API.