Horbach v. Horbach
Supreme Court of Minnesota
Erom an order of the probate court granting the petition of Catherine Horbach, widow of Daniel Horbach, deceased, that she be allowed personal property of decedent of the appraised value of $500, Luey Horbach, as executor of the last will and testament of said decedent, and in his own behalf as one of the heirs, legatees and devisees of said decedent, appealed to the district court for Dakota county.
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Erom an order of the probate court granting the petition of Catherine Horbach, widow of Daniel Horbach, deceased, that she be allowed personal property of decedent of the appraised value of $500, Luey Horbach, as executor of the last will and testament of said decedent, and in his own behalf as one of the heirs, legatees and devisees of said decedent, appealed to the district court for Dakota county. The appeal was heard before Hodgson, J., who made findings and ordered judgment affirming the order of the probate court. Erom the judgment entered against him Luey Horbach, as executor of the…
1Opinion of the Court
Dibeix, C.
Daniel Horbach bequeathed to his wife Catherine Horbach $400. He devised the rest of his estate, including his homestead, to his three children. The will provided that the bequest to his wife was “in lieu of any provisions made for her by the laws or statutes of the *224state of Minnesota.” At the time of the execution of the will Mrs'. Horbacb assented thereto and accepted the provisions of it in lieu of any provisions made for her by the laws or statutes of the state, and particularly declared that she waived any right given her by statute in the homestead of her husband.
After her…
2Cases cited1 opinion
- Blakeman v. BlakemanSupreme Court of Minnesota · 1896