Legal Opinion

Lewis v. Murray

Supreme Court of Minnesota

Decided December 17, 1915No. Nos. 19,543—(153)PublishedCited by 9 opinions

When Walter N. Murray and Henry Staples presented to the probate court for Hennepin county the last will and testament of Sarah J. Hudson, deceased, Benjamin F. Lewis, Harriett M. Downs, Clara D. Wheeler, Ella Mead, Ered Lewis and Phila Downs, claiming to be the heirs of testator, filed- objections to the allowance of the will.

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When Walter N. Murray and Henry Staples presented to the probate court for Hennepin county the last will and testament of Sarah J. Hudson, deceased, Benjamin F. Lewis, Harriett M. Downs, Clara D. Wheeler, Ella Mead, Ered Lewis and Phila Downs, claiming to be the heirs of testator, filed- objections to the allowance of the will. From the order of the court admitting the will to probate, contestants appealed to the district court for that county. ° The appeal was heard before Jelley, J., and a jury to which were submitted the questions: (1) Whether decedent was of sound mind so as to be…

1Opinion of the Court

Dibell, C.

Appeal from a judgment of the district court of Hennepin county affirming an order of the probate court admitting to probate the will of Sarah J. Hudson.

The court, on the motion of the contestants, appellants here, framed issues relative to testamentary capacity and undue influence. The case was tried and submitted to a jury. After it had deliberated long without reaching a result the court, on the motion of the proponents of the will, the respondents here, discharged it; and, after giving opportunity for adducing further evidence, made findings in favor of the proponents pursuant…

2Cases cited12 opinions

  1. Schmidt v. SchmidtSupreme Court of Minnesota · 1891
  2. Fischer v. SperlSupreme Court of Minnesota · 1905
  3. In re the Probate of the Will of NelsonSupreme Court of Minnesota · 1888
  4. Mitchell v. MitchellSupreme Court of Minnesota · 1890
  5. Shapira v. D'ArcyMassachusetts Supreme Judicial Court · 1902

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

3Cited by9 opinions

  1. In re the Estate of JernbergSupreme Court of Minnesota · 1922
  2. Burns v. CarlawSupreme Court of Minnesota · 1922
  3. Coughlin v. Farmers & Mechanics Savings BankSupreme Court of Minnesota · 1937
  4. Nienow v. Village of MapletonSupreme Court of Minnesota · 1919
  5. In Re Estate of EnyartSupreme Court of Minnesota · 1930

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

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